KOCHI: The Kerala high court on Monday said the state government cannot plead helplessness in implementing the Supreme Court’s 2017 judgment in favour of Orthodox faction in the Church dispute case.
Considering cases seeking police protection for conducting religious rites, Justice Devan Ramachandran said the government must disclose its stand in the matter before the court takes a final decision on the pleas for police protection.
Issues between the Orthodox and Jacobite factions are still dangerously poised and it is the state machinery that has to provide protection as demanded in the petitions, and the government’s stand is therefore significant, the bench said.
Additional advocate general Asok M Cherian submitted that while the government is ready to comply with the court’s directions, it is finding it difficult to do so for fear of breach of peace.
Responding to the submission, the court said the government cannot plead helplessness when it has the mechanism to ensure compliance with a lawful order through means of law. The court asked the government to inform its views by September 29.
The cases seeking police protection are mainly filed by the Orthodox faction as part of implementing the 2017 Supreme Court judgment that it is entitled to administer the 1,100 churches. The apex court’s judgment had become final with the dismissal of a review petition later.
