KOCHI: “The Bench noted that in certain other instances, the state has implemented judgments strongly by deploying huge police force and by imposing restrictions under the Code of Criminal Procedure,” observed the Division Bench comprising Justice P R Ramachandra Menon and Justice Devan Ramachandran. How in a case of a much lesser magnitude, where around 200-400 people are involved, the state could shy away from their obligation to implement orders of courts or why the police helplessly say that they are incapable of executing directions and declarations of law by the Supreme Court, even though they concede without any reservation the judgments are binding on them implicitly.
The court issued the order on the petition filed by Varikoli St Mary’s Orthodox Church vicar Fr Viju Elias and others seeking a directive to the state police chief to give adequate and sufficient police protection to the Church, its properties including chapel, cemetery, its vicar, priest and parishioners including the petitioners for the smooth conduct of religious services as well as church administration.
The Supreme Court had declared the church is to be administered under the 1934 Constitution of the Malankara Churches and the Jacobites who disassociated from the Malankara Church have no right to interfere in the religious services and the administration of the church and its properties including chapel and cemetery.When the case came up for hearing, Advocate General C P Sudhakaraprasad expressed the inability of the state machinery and police authorities to implement the judgment of the Supreme Court.
The state government is bound to implement the directive. But, the state and the police authorities are not doing so only because of certain ‘peculiar’ circumstances in the Piravom area. The AG pointed out if the police intervene in order to implement judgments, there may be bloodshed, loss of life by self-immolation or by suicide and complete breakdown of law and order.
Hence, the political machinery is now attempting an out-of-court settlement with both the factions so as to avoid an unpleasant situation. The Bench said “It couldn’t understand under what sanction of law does the police authorities or the state machinery say they’re trying for an amicable settlement outside court, even though the SC verdicts concededly hold the field.”