Writ Court Can't Intervene On Issues Relating To Conduct Of Rituals In Church, Parties Already Before Civil Court: Kerala High Court

“It is thus obvious that, on issues relating to the conduct of rituals in the Church, this Court cannot intervene, while acting under Article 226 of the Constitution of India, particularly when the parties are already litigating it before the competent Civil Court”, stated Justice Devan Ramachandran

The plea was moved by St. Antony's Forane Church, Kizakkambalam in Ernakulam district seeking police protection for peacefully conducting holy mass at the church without violation of law and order. The petitioner-church and the respondent-believers were in conflict regarding the manner of conducting holy mass in the church.

The respondents contended that the holy mass conducted in St. Antony's Forane was in violation of the instruction given by the 'Holy See' and was illegal and unlawful. The respondents apprised the Court that the suit was pending before the Civil Court.

The Government Pleader submitted before the Court that the police have little role to play since the controversy was regarding the manner of conducting rituals in the church. It was submitted that police would maintain law and order and ensure that there was no breach of peace.

The Court stated that police had to ensure that there was no violation of law and order due to the conflict between the parties.

It said, “As far as the Police are concerned, they have to ensure that the internecine issues between the parties do not degenerate into a law and order issue; and that neither of them is allowed to take law into their own hands.”

Accordingly, the writ petition was allowed. The Court directed the police to ensure that both parties did not commit any action in breach of law and to ensure that law and order were maintained in the church.

The Court left open all rival contentions of the parties to seek remedies before the Civil Court.

Counsel for Petitioners: Advocates Enoch David Simon Joel, S.Sreedev, Rony Jose, Derick Mathai Saji, Karan Scaria Abraham

Counsel for Respondents: Advocates P.G. Jayashankar, P.K.Reshma (Kalarickal), S.Rajeev, Sajana V.H, Shaiju George, Aadersh R.S. Panicker, Pushpavathi.K, Government Pleader T S Syamprasanth

Citation: 2024 LiveLaw (Ker) 226

Case title: St. Antony's Forane Church v District Police Chief (Rural)

Case number: WP(C) NO. 4859 OF 2024

Click Here To Read/Download The Judgment