KOCHI: The Kerala High Court on Tuesday told the state government that it should ensure that the Supreme Court judgment in the Malankara Church dispute case is implemented in the true spirit by extending protection to the Orthodox faction. Justice A Muhammed Mustaque issued the order while ordering police protection for the vicar of St Stephens Orthodox Syrian Church, Koothattukulam, to administer religious sacraments and hold other functions in the church.
The order was passed on a petition filed by Kochuparambil Geevarghese Ramban and Fr Rajan George, Bishops House, Muvattupuzha. According to the petitioner, though they went to the church twice, members of the Jacobite faction obstructed them. The police had not taken any steps to provide protection to the petitioners.The state government submitted that the remedy of the petitioners is to approach the execution court by filing an execution petition in the light of the Supreme Court judgment and not by filing a separate civil suit.
The court observed that this kind of writ petitions being a regular feature, the state should take steps to implement the Supreme Court verdict. The state should come out with a clear-cut directive to implement it. It is to be noted that whether it be in execution petition or in the original suit, the fact remains that there is a law and order issue. The state cannot dispute the fact. Essentially, it is a matter related to law and order rather than the process of implementation of the Supreme Court judgment. The court made it clear that even in the execution petition, the execution court can also pass an order to implement the SC directive by providing police protection.