KOCHI: The Kerala High Court on Tuesday directed the state government to inform the court whether it is coming out with church legislation to end the factional feud between Orthodox and Jacobite factions with regard to the ownership of various churches in the state.
"We saw in the media that Justice KT Thomas panel has made some suggestions. We want to know whether the government is going to act on it or prepare a Bill in this regard. Suppose the government is bringing legislation, the exercise from outside will become futile." said the Division Bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas.
The Kerala Law Reforms Commission chaired by the former Supreme Court judge Justice K T Thomas submitted the final bill to the state government proposing a referendum to determine the ownership of churches and their institutions. The State Attorney submitted before the court that Justice KT Thomas has come out with recommendations and it is considering them.
The court posted the hearing of the case on November 22.
The court issued the order on the appeal filed by the state government challenging a single judge's directive to the Central Reserve Police Force (CRPF), Group Centre, Thiruvananthapuram to take over the Kothamangalam Marthoma church if the Ernakulam District Collector did not implement the court's order.
In the appeal, the state government argued that the action of the Single Judge directing central force to take over the church premises within the state was an interference with the sovereign power of the state to control the law and order situation. It is for the state and police authorities to assess the law and order situation within the state.
The state further argued that in contempt proceedings, if the court finds that the action of the Collector is contemptuous, the Single Judge can only refer the matter to the Division Bench. Hence, the Single Judge's order violates the scheme of contempt of court proceedings.