The police cannot infringe on the rights of individuals to engage in peaceful protest, especially in disputes concerning church rituals, which should be resolved in civil courts.

J U D G M E N T

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The petitioner is a lawyer and is a member of the Syro Malabar Church. The petitioner belongs to St. Mary’s Cathedral Basilica Parish, Ernakulam. The petitioner is before this Court aggrieved by the harassment meted out to him by the police administration.

2. The issue raised by the petitioner in this writ petition is a consequence of disputes between two factions of the Church with regard to rituals and customs and the manner in which Qurbana is to be conducted by Priests in Churches. The petitioner states that the 8^th respondent- Assistant Commissioner of Police gave oral directions to the police personnel to ensure that the 6^th respondent-Church remains closed. Such a direction is in contravention of the orders of the civil court, contends the petitioner.

3. The Trustees of the Church are not permitted to enter inside. The 9^th respondent, who has been ousted by the ecclesiastical authorities, along with his henchmen is freely using the Church premises with the active protection of the police. The private security is committing pilferage. Valuable materials and files are taken away from the Church premises to undisclosed destinations. Original documents, including title deeds and revenue records in respect of the Church property, are taken away from the Church illegally.

4. On 23.06.2025, the petitioner and other Trustees were summoned orally by the 8^th respondent-Assistant Commissioner of Police, without any authority of law. The 8^th respondent at around 5.30 pm threatened the petitioner and others and stated that any protest by them will be met with iron hands. The 8^th respondent stated that the 9^th respondent is an aged person and he must be permitted to avail the services of a personal cook and home nurse.

5. The Trustees objected to the suggestion and stated that the 9^th respondent can avail all such facilities at the Priest Home at Thrikkakkara. The 9^th respondent cannot reside in the premises after Exts.P1 to P3 orders are passed by the Ecclesiastical Tribunal.

6. The petitioner states that any action by the 8^th respondent in this regard is “State Excess”. The petitioner is fearful of any action by the 8^th respondent, which may affect civil rights and fundamental rights of the petitioner.

7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5.

8. The issue arises out of the factional feud in the Syro Malabar Church as a result of the decision taken by the Church authorities in the matter of mode of performing Qurbana. The 9^th respondent was the Administrator of the St.Mary's Cathedral Basilica Parish Church. The petitioner submits that the 9^th respondent was relieved of his charges and was directed to shift to the Priest Home, as per Ext.P1 decree passed by the Major Archeparchy of Ernakulam-

Angamaly.

9. On 23.06.2025, the petitioner, the Trustees and other prominent members of the Church were orally requisitioned by the 8^th respondent to his office. The petitioner would submit that they were harassed and threatened by the 8^th respondent and cautioned not to carry out any protest. The 8^th respondent stated that the 9^th respondent will be permitted to avail the services of a personal cook and a Home Nurse and for that purpose he will be granted protection. The petitioner submits that the 8^th respondent has no such authority as the competent authorities under the Church have directed the 9^th respondent to shift his residence to the Priest Home.

10. Taking into consideration the issues involved in the dispute and the law and order situation and taking into consideration the age of the 9^th respondent,