Swarna Shukla-
Published On: November 09, 2021 at 17:25 IST
The Kerala High Court asked the State if it was proposing to come up with Legislation to end the ongoing dispute between Orthodox and Jacobite factions concerning the ownership of several Churches in the State.
A Division Bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas remarked, “We came across certain media reports implying that Justice KT Thomas’s panel has proposed certain suggestions. We want to know if the government is going to act on it or prepare a Bill in this regard. If the government is planning to bring Legislation, the exercise from outside will become futile.”
This was a concerning fact that the Kerala Law Reforms Commission chaired by retired Supreme Court Judge Justice K T Thomas, submitted a final Bill to the State proposing a referendum to determine the ownership of Churches and their institutions.
The observation came in an Appeal which was filed by the State challenging a Single Judge order directing the Central Reserve Police Force (CRPF), Thiruvananthapuram to take over the Kothamangalam Marthoman church, which was disputed between Jacobite and Orthodox factions.
However, the State argued that such direction was an interference with the sovereign power of the State to control law and order situation.
When the State did not comply with the Court’s direction to take control of the said church the impugned direction was passed in a Contempt Petition against the State.
Furthermore, the State had contended that if the Court finds the action of the Collector contemptuous in a Contempt proceeding, the Single Judge can only refer the matter to the Division Bench. Hence, the Single Judge’s Order was alleged to have violated the Contempt of Court proceedings.
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