Wednesday, March 18, 2020

Kothamangalam Church Case: Division Bench Dismisses State Government's Plea


The Bench of the High Court dismissed an appeal by the state government against the acquisition of the Kochi-Kothamangalam church and handing it over to the Orthodox Church.  The High Court said that it is the responsibility of the state government to enforce the court order.  The court asked the district administration to take steps to hand over the mosque to the Orthodox church.


Courts have the power to dictate how a court order should be executed.  The Kothamangalam Church should be governed by the 1934 constitution.  The court also rejected the High Court's decision to acquire the mosque, contrary to the Supreme Court ruling.


The government's stand against the implementation of the court verdict has hit the court today. It is the responsibility of the state governments to enforce the court verdict.  There is no justification for the argument that the verdict cannot be enforced because people are protesting.


The court said that the government's argument that the court had no jurisdiction to decide how the verdict should be executed had no merit. The court held that the Jacobite Church's claim that the Orthodox Vicar was ineligible for administration was not valid.




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