By Our Legal Correspondent
Kochi, June 27 (IVC) The Honorable High Court of Kerala on June 26 here criticized the State government for not complying with its orders to hand over Saint Thomas Church, Cherukunnu, St Mary’s Syrian Church, Mangalam Dam (Pakkad), and St Mary’s Syrian Church , Erickinchira to the Orthodox faction vicars.
Justice Devan Ramachandran , orally observed , while considering a contempt petition filed against the government , that if it was unable to implement the court orders it looked as if there was a constitutional breakdown.
The court said it believed that the police could act with equanimity and decisively and forcefully if they were allowed to do it. The court further added that if the police were allowed to act independently without any external pressure, they would be able to enforce the court orders , as they were trained and capable of enforcing the orders.
The court further observed that it failed to understand how the police could allow the agitators to remain inside the churches. Obviously if the police were allowed to act in a covert manner strategically, certainly the directives could have been implemented.
The Additional Advocate General submitted that once the police force withdrew from the church, the factions protesting inside the churches went away.
When the Additional Advocate submitted that the public, including women, children, and the elderly driven by religious fervor would gather in front of the churches if the police initiated action , which would lead to law and order issues. The court asked if the same situation occurred in the Secretariat tomorrow as part of a protest, what action the police would take.
The court directed the government to give it the details of the persons who had entered the churches and obstructed the take over by the Orthodox vicars.
The Malankara Orthodox Syrian Church authorities expressed their umbrage over the delay in implementing the Supreme Court order and has warned the Kerala Government against “pushing its patience to a breaking point”. Addressing the media at Kottayam on Tuesday, President of the Church’s Media Wing, Youhanon Mar Diascoros Metropolitn urged the government to cease what they called a ‘drama’ with the police in support of the Jacobite faction and to implement the court order in the six parishes under the Angamaly and Thrissur dioceses.
“After summoning our priests and supporters to these parishes under the pretext of implementing the court order , they were sent back due to protests staged by the Jacobite faction. This drama was orchestrated by giving the rival faction prior notice and ample time to resist”. Said the Metropolitan.
Highlighting that messages were widely circulated through social media to mobilize women and children against implementing the court order, the Metropolitan alleged that no action was taken such moves. “All these actions pointed to an attempt to avoid implementing the court order by citing the possibility of large scale confrontations. This indeed throws up a challenge to the country’s legal system itself”, Metropolitan added.
