The Central Reserve Police Force (CRPF) has moved a review petition before the Kerala High Court against the court order to take over the Marthoma Cheriyapally, Kothamangalam.
The court had asked the agency to take over the church, its precincts and movables after removing any physical obstructions and keep the church under its control until further orders.
The Ministry of Home Affairs, which reviewed the court order, pointed out that the order apparently went “against the law and the existing convention and practice governing the Central force, not to interfere with the maintenance of law and order, which is a State subject, unless there is a request from the State government for assistance.”
Even if the Central forces offer assistance, submitted the Assistant Solicitor General of India, for implementation the court order, the assistance of the State police and the State revenue authorities may also be absolutely necessary for effectively accomplishing such functions.
The constitutional propensity and the practical and legal constrains in the deployment of Central force required that the directions should be issued to the District Collector/State Executive to seek the aid of the Central forces, he submitted.
The Assistant Solicitor General submitted that the court overlooked the requirements under Constitutional and legal mandate and the practical constraints in which the Central force will be placed in the absence of effect cooperation of the district administration, the police and the State execute to ensure maintenance law and order, he submitted.
