Jacobite-Orthodox dispute:HC directs CRPF to take over church if govt fails to implement order before Jan 8

The court issued the order in the proceedings under the Contempt of Courts Act alleging wilful disobedience of the directions issued by it last year in a plea relating to the church known as Marthoman Cheriyapalli, Kothamangalam.Last year, the high court had ordered the state government to immediately take over control of the church where the authorities allegedly failed to implement a Supreme Court verdict granting its possession to the Orthodox faction due to protests by followers of rival Jacobite Christian faith.

The Kerala High Court on Tuesday directed the CRPF to take over a church at nearby Kothamangalam, if the state government fails to comply with its last year's order granting possession of the church to Orthodox faction, before January 8. ''...if the directions issued by this Court are not complied with on or before January 8, 2021, the DIGP, Group Centre, CRPF, Pallipuram shall take over the Church, its precincts and all its movables after removing all persons squatting inside the church premises and its compound and hold the same under his control, until further orders,'' Justice P B Suresh Kumar said in the order.

The court directed the Assistant Solicitor General of India to communicate the order to DIGP, Group Centre, CRPF, Pallipuram for compliance. The court issued the order in the proceedings under the Contempt of Courts Act alleging wilful disobedience of the directions issued by it last year in a plea relating to the church known as Marthoman Cheriyapalli, Kothamangalam.

Last year, the high court had ordered the state government to immediately take over control of the church where the authorities allegedly failed to implement a Supreme Court verdict granting its possession to the Orthodox faction due to protests by followers of rival Jacobite Christian faith. Disposing of a plea filed by Orthodox faction priest Thomas Paul Ramban seeking the court's intervention to implement the apex court order, the court had directed the Ernakulam district collector to use force to remove the protesters and take over the church.

But the state government failed to implement the court order, prompting the court to issue contempt of court notice to the Ernakulam district collector, who is the respondent in the case. In its order on Tuesday, the court noted the reasons put forward for not giving effect to the directions issued by the court are that a mediation talk initiated at the instance of state chief minister and defeated parties arrangements to obstruct the implementation of the directions.

''There is absolutely no difficulty in understanding the earnest efforts taken by the state in arriving at an amicable solution to the disputes between two factions of the church. But, such proceedings cannot automatically operate as an impediment in continuing the pending judicial proceedings, unless the parties to the proceedings agree for such a course,'' the court said in the order.

''As far as the present case is concerned, the petitioner asserts that there was no understanding between the parties to the mediation talks to keep in abeyance the proceedings pending before various courts. When the petitioner asserts so and when the state is unable to show anything to indicate that there has been understanding to the contrary, this court is helpless and it is bound to enforce its orders,''the court said.

Kothamangalam had witnessed a tense situation in October last year when a large number of Jacobite faction priests and followers prevented those belonging to the Orthodox faction from entering the church to take its possession as per a Supreme Court order. Hundreds of people belonging to the Jacobite faction, who were camping in the church, had prevented the implementation of the apex court's verdict when the Orthodox faction priests reached there.

Gates of the church were closed from inside by priests and followers of the Jacobite faction, forcing the Orthodox faction priests to wait outside. Two years ago, the Supreme Court ruled in favour of the Orthodox faction on a dispute with rival Jacobites over control of over 1,000 churches and properties in Kerala.PTI COR TGB BN WELCOME BN WELCOME