Re:SC judgment: Implementation petition to be filed for its execution
- Dear Paul Pothen,
As far as the 95 SC judgement is concerned its execution part is over. By the judgement in 2002 the SC appointed Justice Malimut to oversee the election of the Malankara Metropolitain and the managing commitee of the MOSC. Justice Malimut conducted the association and submitted his report to SC, which was accepted by SC and a satisfaction judgement was given, which can never be challenged by anybody.
So the cry raised by MOSC is without any substance.There is nothing left in the 95 SC judgement which has to be implimented. 95 SC judgement as of now is only of academic interest as its implimentation part is over in 2002.
What MOSC is tring is to take control of individual parish churches in the pretext of 95 SC judgement. But there is nothing in 95 SC judgement which enpowers the Malankara Metran with the temporal authority of parish churches.. Parish churches were never party to the decades old case and hense will never be party to a decree "touching their rights".
MOSC knows very well that they cannot take control of parish churches based on 95 SC. They tried it by way of police protection case, which ultimately ended in the same SC. But SC didnt give them protection to enter the parish churches, which as per their claims belong to MOSC, under the malankara Metran, to be administered by 34 constitution. If that is the case then SC could have ended the whole issue in 2007 by a simple verdict allowing their claims. It didnt happen. What happened was a direction by SC to go to the trial court and prove it over there regarding their claims over the parish churches. It means another 30 years of court cases, one case for each church..
So what is the next option for them??? Muscle the government to enter the churches. 3 sucesive governments were denounced by MOSC for not implimenting the "95 SC judgement". But they wont show that judgement.
If three governments spanning 13 years havent implimented a S C judgement why cant they move a contempt of court proceedings against the state. What is holding back them???