Kerala

Kerala church dispute: High Court asks Government to clarify on legislation

A Division Bench of the Kerala High Court on Tuesday directed the Chief Secretary to file an affidavit explaining whether the government is proposing to enact any legislation on the management and administration of the disputed Malankara churches as recommended by the State Law Reforms Commission.

The Bench passed the order on an appeal filed by the State government against a single judge’s directive to the Central Reserve Police Force (CRPF), Group Centre, Thiruvananthapuram, to take over the Kothamangalam Marthoma church if the Ernakulam district collector did not implement the court’s order.

Concrete decision

When the appeal came up for hearing, the Bench observed that it wanted to see that a concrete decision of the government was placed before it. The court noted that the issue pertains to law and order and the rights asserted by the writ petitioners based on the judgment of the Supreme Court on the church dispute.

The court added that it would have to adopt a very balanced approach to ensure that law and order was maintained by implementing the directives of the apex court.

The Bench pointed out that the legislature had the plenary power to legislate on any subject it was competent with. “We only, at this juncture, want to know whether any such proposal is being formulated or propounded by the government or not,” the court said.

The State government in its appeal pointed out that the directive of the single judge was an interference with the power of the State to control the law and order situation.

The court posted the appeal on December 21 for further hearing.


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Printable version | Jan 17, 2022 4:39:31 AM | https://www.thehindu.com/news/national/kerala/kerala-church-dispute-high-court-asks-government-to-clarify-on-legislation/article37885280.ece

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