Kochi: The Kerala High Court on Jan 7 stayed a single judge bench order directing the federal forces to take over a church in Kothamangalam, a town in Ernakulam district.
A division bench issued the stay on an appeal by filed the state government challenging the December 8 order of the single judge. Passing orders on a contempt petition, the judge had directed the CRPF (Central Reserve Police Force) to take over the church if the government failed to comply with its 2019 order granting possession of the church to the Orthodox faction before January 8.
The petitioner in the contempt plea had alleged willful disobedience of the court directions by the Ernakulam District Collector on the matter relating to the church known as Marthoman Cheriyapalli at Kothamangalam. Challenging the order, the state government contended the single judge bench’s directive was beyond its jurisdiction. Only a division bench could decide if the collector’s action amounted to Contempt of Court.
Also, the direction to the CRPF to take over the church premises amounted to an interference with the sovereign power of the state over the law and order situation, it claimed.
In its order, the division bench observed it was the settled position in the law that interim orders cannot be issued in contempt cases.In 2019, the high court had ordered the state government to immediately take over control of the church after the authorities did not implement a Supreme Court verdict granting its possession to the Orthodox faction in view of protests by rival Jacobite Christian faith followers.
But the state government failed to implement the court order, prompting it to issue contempt of court notice to the Ernakulam district collector. Kothamangalam had witnessed a tense situation in October 2019 when a large number of Jacobite faction priests and followers prevented those belonging to the Orthodox faction from entering the church to take its possession.
Three years ago, the Supreme Court ruled in favor of the Orthodox faction on a dispute with rival Jacobites over control of over 1,000 churches and properties in Kerala.Last month, Prime Minister Narendra Modi held talks with representatives of the two two warring church factions in a bid to resolve the dispute.
https://www.republicworld.com/india-news/law-and-order/kerala-hc-stays-order-directing-crpf-to-take-over-kothamangalam-church.html