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In a dispute between two factions related to the church—Jacobite and Malankara Orthodox, Fr. Thomas Paul Rambam filed a petition seeking the enforcement of a temporaryinjunction against the other faction by granting protection to him, and the trial court ordered in affirmation. The petitioner sought help from the Deputy Superintendent of Police, Muttavupuzha, enforcing the order of injunction.
Nevertheless, on account of idleness of the police on this issue, the priest approached the judicial institution again. The court took notice of selective implementation of court orders by the police department. Since the defendants defied the prohibitory orders, it has to be rendered only with police protection. The Police appealed against the Trial Court’s order in the High Court of Kerala only to be responded unfavourably by Justice AHariprasad. The Hon’ble Judge stated that he could not find any illegality or impropriety in the order but the same exists on the part of the police who failed to implement the order.
Although the police resorted to various provisions of the Kerala Police Act, 2011 to evade their responsibilities, the court of law said that it no duty of the police to determine the correctness of the order and decide which part of the order should be implemented. Furthermore, the police are bound to enforce the orders of any court of competent jurisdiction, notwithstanding the level at which the court falls in; and the court also stated that only the other courts who are higher in the hierarchy have the authority to examine the lower court orders. Legal rights of the citizens cannot remain unenforced by citing provisions of various statutes as the police are bound by many statutes including the central enactments such as Indian Penal Code, Criminal Procedure Code etc..
The Division Bench comprising Justice P R Ramachandran Menon and Devan Ramachandran observed that the government has been apparently selective in enforcing the orders of the court, thereby favouring its interests. The Hon’ble Bench relied on another set of petitions seeking the enforcement of the Supreme Court Order in the church dispute between the two factions.
The said bench rejected Justice Devan Ramachandran on an application moved on the ground that he had appeared as counsel for one of the parties in the case in previous proceedings before the High Court of Kerala.
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