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Kerala HC directs CRPF to take control of Marthoma Church if govt fails to hand it over to Orthodox faction before January 8

The Kerala High Court on Tuesday directed the CRPF that if the state government failed to implement its last year’s order of handing over possession of the church located near Kothamangalam to the Orthodox faction before January 8, the paramilitary force will keep it under its control.

A Single Bench of Justice PB Suresh Kumar passed this direction in the proceedings under the Contempt of Courts Act alleging wilful disobedience of the directions issued by it last year in a plea relating to the Marthoma Cheriyapalli church.

Earlier, the High Court had ordered the state government to immediately take possession of the church, where authorities have allegedly failed to implement the Supreme Court ruling under which the possession of the church was handed over to the Orthodox faction.

“The protection of the rights and liberties of Individuals guaranteed under the Constitution depends on the efficient functioning of the judiciary and respectful and faithful obedience of its commands by the executive,” the court observed.

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The court said in its order that that the state cannot be given discretion whether or not to implement court orders and also as to the time within which the orders could be implemented.

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