Deepam Row; Take Action Against Those Protesting Justice Swaminathan: PIL In SC

Two days after Opposition parties said they will move for the impeachment of Madras High Court judge Justice GR Swaminathan, a plea was filed before the Supreme Court seeking action against those persons who have “spread defamatory remarks” against the judge. 

"Judges cannot be subjected to street protests, political pressure or social media intimidation for their judicial orders, as the only constitutionally recognised remedy against a judicial decision is through appeal, review or other lawful procedures. Allowing protests and campaigns against sitting judges will have a chilling effect on judicial independence and discourage judges from discharging their duties fearlessly,” says the petition before the SC. 

Filed by Advocate GS Mani, Vice President of the Tamil Nadu BJP's legal cell, the public interest litigation (PIL) alleges that people have made caste- and religion-motivated remarks against Justice Swaminathan, with the intention of disturbing social harmony and provoking law and order and communal unrest.

The PIL comes after Justice GR Swaminathan’s December 1 order in the Deepam matter. The judge had ordered the lighting of the traditional Karthigai Deepam on the Deepa Thoon (lamp pillar) at the Thiruparankundram Subramaniya Swamy Hill Temple, Madurai. In his ruling, the judge directed that the ceremonial lamp be lit on the “Deepathoon” pillar by December 4, 2025, stating that the ritual would not infringe on the Muslim community's religious rights.

According to the PIL, individuals affiliated with the ruling DMK and other “supported parties”, including the Communist parties, along with certain lawyers, have carried out illegal and unauthorised protests in public places and have repeatedly staged demonstrations outside the Madras and Madurai Benches of the High Court and other court premises. 

The protesters have reportedly demanded the sitting judge’s resignation, saying his judicial decision is attributable to improper motives. The plea has also faulted the State Government and police for being “passive” and failing to take action against the protestors. 

Mani has pleaded with the SC to direct the Tamil Nadu Government and the police to initiate criminal proceedings and other strict legal action against the responsible persons.

Justice Swaminathan had, on December 1, ordered that the management of Arulmighu Subramaniya Swamy Temple should light a lamp at a stone pillar atop the Thirupparankundram hill near a dargah. He had also reprimanded the State Government for failing to implement a court order.

As the Tamil Nadu Government failed to implement the orders and the situation became volatile, Section 144 CrPC was imposed. A contempt petition was filed for non-compliance, and on December 3, Justice Swaminathan allowed devotees to go to the hill and light the deepam themselves, with CISF protection. The Judge also ordered that the prohibitory order under Section 144 CrPC be issued and directed the state's Chief Secretary and the Additional Director General of Police (L&O) to appear before the High Court.

The Tamil Nadu Government filed a letter patent appeal against the contempt order. However, the division bench dismissed it, after which they approached the Supreme Court.

Further, the petitioner has also said that media outlets and social media platforms have circulated alleged defamatory news reports and posts targeting Justice Swaminathan.

In his petition, Mani has said he has also filed written complaints with the Chief Secretary of Tamil Nadu, the Home Secretary, the Director General of Police, the Commissioner of Police, Chennai, and the Registrars of the Madras High Court at Chennai and Madurai. He has sought criminal action against the protesters. However, the PIL says, the state authorities took no action.