Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 2179

SUPREME COURT OF INDIA
Arun Mishra, M.R. Shah, JJ.
St. Marys Orthodox Church & Ors. - Appellants
Versus
The State Police Chief & Ors. - Respondents
Petition(s) for Special Leave to Appeal (C) No(s). 12461 and 3424 of 2019(Arising out of impugned final judgment and order dated 13-03-2019 in WP(C) No. 16248/2018 passed by the High Court Of Kerala At Ernakulam)
Decided On : 02-07-2019

Advocates Appeared:
Mr. Rakesh Dwivedi, Sr. Adv. Mr. Krishnan Venugopal, Sr. Adv. Mr. S. Sreekumar, Sr. Adv. Mr. E.M.S. Anam, Adv. Mr. Kuriakose Varghese, Adv. Mr. Mukul Rohatgi, Sr. Adv. Mr. Adolf Mathew, Adv. Mr. Sanjay Jain, Adv. Mr. Peter K. Alias, Adv. Mr. Roy Isaac, Adv. Mr. Jaideep Gupta, Sr. Adv. Mr. G. Prakash, Adv. Mr. Jishnu M. L., Adv. Mrs. Priyanka Prakash, Adv. Mrs. Beena Prakash, Adv. Mr. P. J. Philip, Adv. Mr. Vishnu Sharma, Adv. Mr. P. K. Manohar, Adv. Ms. Anupama Sharma, Adv., for the Parties

The main legal principle established is that the order passed by the High Court must align with the Supreme Court judgment, and all concerned parties are obligated to abide by the Supreme Court judgment in totality.

Headnote:
Judgment - Scope of High Court Order Contrary to Supreme Court Judgment - The Supreme Court emphasized that the order passed by the High Court must align with the Supreme Court judgment and that no violation or dilution of the Supreme Court judgment is permissible.
Fact of the Case:

The Supreme Court referred to its previous judgment in K.S. Varghese & Ors. vs. St. Peter's & Paul's Syrian Orth. & Ors. and reiterated that the order passed by the High Court must align with the Supreme Court judgment.
Finding of the Court:

The Court found that there is no scope for construing the High Court order in a manner different from the Supreme Court order, and emphasized that all parties, including the State Government, must abide by the Supreme Court judgment in totality.
Issues: The issue revolved around the alignment of the High Court order with the Supreme Court judgment and the obligation of all parties to abide by the Supreme Court judgment.
Ratio Decidendi: The ratio decidendi of the judgment is that the High Court order must not violate or dilute the Supreme Court judgment, and all concerned parties, including the State Government, are duty-bound to ensure implementation of the Supreme Court judgment.
Final Decision: The Special Leave Petitions were disposed of, and any pending interlocutory application(s) were also disposed of.

ORDER

1. In view of the Judgment passed by this Court in K.S. Varghese & Ors. vs. St. Peter's & Paul's Syrian Orth. & Ors., reported in (2017) 15 SCC 333 , there is absolutely no scope to construe the order passed by the High Court in a different manner than the order passed by this Court on 03.07.2017.

2. There cannot be any violation of the order by any one concerned. Even the State Government cannot act contrary to the Judgment and the observations made by this Court and has the duty to ensure that the Judgment of this Court is implemented forthwith.

3. Any observation made by the High Court contrary to the Judgment passed by this Court stands diluted.

4. The State and all parties shall abide by the Judgment passed by this Court in totality and cannot solve the matter in any manner different than the Judgment passed by this Court. No parallel system can be created.

5. In view of the above, the Special Leave Petitions are disposed of.

Pending interlocutory application(s), if any, is/are disposed of.

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Judicial Analysis