KOCHI: A Division Bench of the Kerala High Court on Tuesday directed the chief secretary to file an affidavit explaining whether the government proposed to make any legislation based on the recommendation of the Law Reforms Commission headed by Justice K T Thomas with regard to the management and administration of the churches over which disputes exist. The state attorney sought more time to file the affidavit.
“We want to see that a concrete decision of the government is placed before us by next hearing. It is to be noted that the issue pertains to law and order and the rights asserted by the writ petitioners are based on the judgment of the apex court. The court will have to adopt a very balanced approach to ensure that the law and order is maintained by implementing the directions of the Supreme Court,” observed the bench.It added that the legislature has plenary power to legislate on any subject.
“We only, at this juncture, want to know whether any such proposal is being formulated or propounded by the government or not,” stated the court. The court posted the hearing on December 21. The Kerala Law Reforms Commission chaired by former Supreme Court judge Justice K T Thomas submitted the final bill to the state government proposing a referendum to determine the ownership of parish churches and their institutions in the Malankara Church.
The state attorney said the commission has submitted suggestions and the government is considering these.
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 Marthoman Church if the Ernakulam district collector did not implement the court’s order.