State could not show helplessness in implementing court orders. States cannot call themselves helpless in implementing court orders.
The Kerala High Court on Monday lashed out at the state government.
HC said the state could not show helplessness in implementing judicial directions citing apprehensions of breach of peace and violence, even as it had no powers to ensure compliance with lawful orders.
The court said that the state government cannot render itself helpless in implementing the order of the court. For this, the government cannot say things like threats to peace and fear of violence.
The government will have to make administrative arrangements to implement the lawful orders of the court. The Kerala High Court has said this while hearing a case.
Justice Devan Ramachandran said this while hearing a plea for police protection for a section of Christian society for religious activities at St. Mary’s Orthodox Church in Vadavukode in Ernakulam district.
There are many cases pending in the High Court in which police protection has been sought for religious activities in churches.
Due to disputes between Orthodox and Jacobite factions of Christians in many places, religious activities in many churches are being interrupted.
The Supreme Court in 2017 ordered the Malankara Orthodox Syrian Church to follow the constitution of 1934.
Due to this order, the Orthodox faction has got the right to go to many churches and religious activities.
After this, the people of the Orthodox faction have come to the High Court demanding police protection for their religious activities in churches located at many places.
There is a complaint that the opposition faction is not allowing them to enter the churches and the administration is also not helping.
During the hearing in a similar case on September 17, Additional Advocate General of the state Ashok M Cherian said, the government wants to implement the order of the Supreme Court but due to the fear of heavy violence, it is not able to do so.
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