KOCHI: The state government on Monday approached the Kerala High Court challenging a single judge’s order directing the Deputy Inspector General of Police, CRPF, Thiruvananthapuram, to take over the Kothamangalam Marthoma Church and its movables if the court’s order was not complied with by the Ernakulam district collector by January 8.
The single judge had issued the order on a contempt of court petition filed by the vicar of the Orthodox faction against the Ernakulam district collector for not complying with the court directives.The state argued that the order issued on December 8 last year was beyond the jurisdiction and totally against the original order directing the Ernakulam district collector, who is the highest executive in the district to exercise powers under Chapter X of the Criminal Procedure Code, to take over the possession of the church. The court cannot grant power to any other authority.
The state further argued that in contempt of court 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.The action of the single judge directing Central force to take over the church premises within the state amounts to interference in the power of the state to control law and order situation. It is for the state and police authorities to assess the law and order situation within the state. The state also sought an interim stay on the operation of the order of the single judge.