KOCHI: The Kerala High Court on Tuesday directed the CRPF to take over a church at nearby Kothamangalam, if the state government fails to comply with its last year's order granting possession of the church to Orthodox faction, before January 8.
Though the court had issued an order for more than a year, the state government did not implement the order citing several reasons.
"The conduct of Ernakulam District Collector in not implementing the directions issued by the court can be viewed only as willful."
The court directed the Assistant Solicitor General of India to communicate the court's order to the DIGP, CRPF Pallipuram for compliance.
Justice PB Suresh Kumar issued the directive on a contempt of court petition filed by the Vicar of the Orthodox faction against the Ernakulam District Collector for not complying with the directives.
The Additional Chief Secretary had informed the court that Chief Minister convened a meeting of the religious heads of the Orthodox and Jacobite factions to find an amicable solution to the disputes between them. The minutes of the meeting were also produced. The collector also filed an affidavit seeking three months time.
“If the reason as reported by the police intelligence is correct that there was a possibility of large scale protest while taking possession of the church which lead to loss of life, the action proposed by the members of the Patriarch faction would be per se criminal contempt and if the executive government is not in a position to tackle such a situation, it would pose a serious challenge to the existence of judiciary and the rule of law. If such a stand is accepted, it will give a wrong message to the society and the same would ruin the confidence the general public repose in the system,” observed the court.
The court said that it has examined the minutes of the meeting convened by the Chief Minister, but it did not find any discussion in the meetings with regard to implementation of the order of the court.
"The conduct of the state government in intervening in the proceedings would indicate beyond doubt that the inaction on the part of the Ernakulam District Collector in implementing the directives is at the instance of the state government. Even when the state chose to interdict the Collector, it is not giving any commitment before the court as to whether the directions issued would be implemented and if so, within what time," observed the court.
The reasons for not giving effect to the directions of the court were that a mediation talk had been initiated at the instance of the Chief Minister and that the defeated parties-the Patriarch faction has made all arrangements to obstruct the implementation of the directions.
True, the material on record indicates that the Chief Minister has initiated a mediation process for an amicable settlement of the disputes between the two factions and that the process was on.
However, the minutes of the meetings did not reveal that there was any understanding between the parties that orders of the court need not be implemented pending the mediation talks.
There was absolutely no difficulty in understanding the earnest efforts taken by the State government in arriving at an amicable solution to the disputes.
But, such proceedings could not automatically operate as an impediment in continuing the pending judicial proceedings, unless the parties to the proceedings agree for such a course.
Besides, the petitioner asserted that there was no understanding in the mediation talks to keep in abeyance the proceedings pending before various courts.
When the petitioner asserted so and when the State was unable to show anything to indicate that there had been an understanding to the contrary, the court was helpless and was bound to enforce its order.
There was absolutely no assurance that the directions of the court would be given effect to by the district collector if further time was granted.
“Needless to say the court has to work out alternatives for giving effect to the orders of the court to uphold its dignity and maintain the rule of law,” observed the court.