News By/Courtesy: Ojaswi Gupta | 17 Sep 2019 20:23pm IST

HIGHLIGHTS

  • Judgement by the courts “will be viewed seriously”.
  • Restraining all the courts in Kerala to not to pass any order in violation of its judgement.
  • High Court holds no right to tinker with the judgement passed by apex court

A division bench comprising of Mr. Justice Arun Mishra and Mr. Justice MR Shah while hearing an appeal against an order by Kerala High Court in Malankara Church case observed that violation of the order and judgment by the courts “will be viewed seriously”, in future.

An appeal filed by Father Isaac Mattemmel Cor Episcopa, the Vicar of St Mary's Orthodox Syrian Church, against an order by Kerala High  Court was taken into consideration by the present division bench.

Kerala High Court, in this case, had allowed an arrangement which says that the turn of the Orthodox faction to conduct the religious services and thereafter for the next week it is the turn of patriarch faction. The High Court further ordered that the aforementioned arrangement will be followed until further orders.The Hon’ble Supreme Court while upholding Kerala High Court order observed that the following order is in violation of 2017 verdict which had lead that no parallel service can be allowed in the church and only orthodox faction are allowed to do the religious service in accordance with the 1934 Malankara Church Constitution.While setting aside the interim order passed by Kerala High Court, the bench observed that the same order is in violation of judgment passed by Supreme Court in K.S. Verghese v. St. Peters & St. Pauls Syrian Orthodox Church & Ors., (2017) 15 SCC 333.

“This Court has passed several judgments and orders to the effect that no such interference can be made by any court after the decision has been rendered by this Court in a representative suit which is binding on all concerned and it is the constitutional duty of all concerned to obey the judgment and order of this Court. As per Article 141 of the Constitution of India, the law declared by this Court is binding on all courts and under Article 144, civil and judicial authorities within the territory of India shall act in aid of Supreme Court. Kerala being Indian Territory all concerned are bound to act accordingly."

While restraining all the courts in Kerala to not to pass any order in violation of its judgment in K.S. Verghese case Court further observed that the High Court holds no right to tinker with the judgment passed by the apex court in which there is no scope left for further litigation.

Section Editor: Prithvijit Mukherjee | 17 Sep 2019 22:15pm IST


Tags : #SC #HIGHCOURTS #KERALA

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