KOCHI: The High Court on Thursday observed that if the court accepted the stand of Kerala Police that its order could not be implemented due to law and order problems, that would be a “black day” for the rule of law.
Justice P V Kunhikrishnan made the observation while directing the Kottayam district police to open the Marthasmooni Jacobite Syrian Church in Thiruvarppu which was locked as per the court’s order.
It also directed the police to implement the Kottayam Munsiff’s order to hand over the possession of the church to the Orthodox faction. The court held that if the district administration or the police authorities are not able to implement the order, as long as the same is in force, the court cannot sit as a silent spectator.
Nobody has got a right to obstruct the administration or police authorities when they are trying to implement an order passed by the court. If anybody obstructs the police or administration while executing the order, the authority should catch them.
They should be booked in criminal cases. Moreover, it is a serious case. Obstructing the police, when they are trying to implement the court order is interference in the justice delivery system and should be dealt with the iron hands of the law. If there are any instigators or conspirators, they should also be booked in criminal cases ignoring their status.
If anybody is arrested in connection with the case, a copy of this judgment should be produced before the bail if any bail application is filed by them. The bail court will consider the spirit of this judgment and the facts of the case and thereafter consider the bail application in accordance with the law.