KOCHI: The Kerala High Court has directed the state government to take over the possession of six churches that are currently under the control of the Jacobite faction.
The court directed the collectors to file reports regarding the takeover before the court on September 30. The district police chiefs of Ernakulam and Palakkad shall deploy sufficient police personnel to aid the collectors in implementing the directions. The court issued the order on a petition seeking contempt of court case for not implementing the order to provide police protection to the Orthodox faction to enter the churches.
The court observed that because of the recalcitrant attitude of the government and the disregard of court directions by the respondents including the Jacobite faction, the court was left with no option but to issue such directives to prevent contemptuous acts.
The order issued on Friday stated that the single judge had directed the government to render necessary assistance to the Orthodox factions to peacefully enter the churches and conduct religious services therein without let or hindrance from the Jacobite faction. The government instead of complying with the direction has offered an excuse that the attempt of the Orthodox faction to enter the churches with police help is being thwarted by a group of persons, along with a posse of the faithful consisting of aged men, women and children. The government also argued that any attempt to remove the obstruction would lead to dangerous law and order problems and even loss of human lives.
The court on July 8, directed the police to devise a definite strategy and act in accordance with the plan. Unfortunately, that direction has fallen on deaf ears, said the court.
The opposite parties in the case said that the single judge was under the impression that in the K S Varghese case, the court had directed to hand over the possession of the church to the Orthodox faction. There is no such direction in that judgment, the very grant of police protection to enable the petitioners to enter the churches is rendered on the wrong premise.
Ashok M Cherian, Additional Advocate General, submitted that the government cannot be held guilty of contempt, since sincere efforts were taken to implement the direction in the judgment and the police were forced to withdraw in the wake of massive agitation on the church premises.The court said that having obstructed the feeble attempts at enforcement made by the police, they cannot feign ignorance of the directions. The court also suo motu impleaded the district collector in the case.
CHURCHES TO BE TAKEN OVER
Justice V G Arun directed the Ernakulam district collector to take over possession of the St Mary’s Orthodox Church, Odakkali, St John’s Besfage Orthodox Syrian Church, Pothanickad, and St Thomas Orthodox Syrian Church, Mazhuvannoor. The Palakkad district collector shall take over possession of the St Mary’s Orthodox Church, Mangalam Dam, St Thomas Orthodox Syrian Church, Erickinchira, and St Thomas Orthodox Syrian Church, Cherukunnam