Interim stay on takeover of Kothamangalam church

Interim stay on takeover of Kothamangalam church

Kochi: A division bench of the Kerala High Court has stayed the implementation of its single-bench order directing to take over a Kothamangalam church using central paramilitary forces if the Kerala government failed to do so.

While admitting the state government's appeal, the division bench stayed the order till Friday when the case would come up for hearing again.

The issue pertains to a legal wrangle between the Jacobite and Orthodox factions of the Malankara Church over the control of the church, popularly known as Marthoma Cheriyapalli.

Government's stand

The state government in its appeal had pleaded that it should be explored whether the single bench can issue a revised order making changes as per the sixth clause of the Contempt of Court rules in its previous directive.

The government had argued that the single bench had issued the order going beyond powers vested with it.

Court's response

The division bench in its response clarified that it would examine all issues in detail including the legality of the order on contempt of court petition.

The division bench further stated that it needs to be examined whether the single bench can pass other directions in the case. The government reiterated that it was not against the takeover of Kothamangalam church.

The government pointed out that it had never stated that the order would not be implemented. Instead it wants the order to be implemented amicably hence more time was needed for the same.

The government also informed that even though it had demanded three months for amicable resolution of the matter, the court did not allow. Meanwhile, the central government has also taken a similar position in the court.

Centre's stand

According to the Centre's stand all matters related to the church should be resolved amicably and with mutual cooperation. The Centre is not keen on using the CRPF.

It feels that the internal law and order matter is an issue to be dealt by the state government. If the intervention of central paramilitary forces are required then the demand for the same has to come from the state government. The centre clarified that it had explained its position on central paramilitary forces in the wake of the court's direction.

The dispute

In 2017, the Supreme Court had ordered to hand over 1,000 parishes and churches of the Malankara Church to the Orthodox faction. The court had relied on the 1934 constitution of the Malankara Church while delivering the verdict.

Earlier this year the apex court had chided the Kerala government for not implementing its 2017 judgement.

The old dispute is over the right to own church property and conduct prayers in churches.

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