Karthigai deepam row: Is DMK moving to impeach Madras HC Justice Swaminathan over ruling?

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The Thirupparankundram temple lamp, Justice Swaminathan of the Madras High Court | File photo: PTI, Mathrubhumi/ Somasekharan
The Thirupparankundram temple lamp, Justice Swaminathan of the Madras High Court | File photo: PTI, Mathrubhumi/ Somasekharan

Chennai: Tamil Nadu’s ruling Dravida Munnetra Kazhagam (DMK) MPs are reportedly preparing to table a motion to impeach Justice G R Swaminathan of the Madras High Court, following his controversial ruling in the Thiruparankundram Subramaniaswamy temple case.

The dispute centres on the lighting of a festival lamp on one of two ancient stone pillars, known locally as ‘deepathon’, situated on a hill that hosts both a sixth-century Hindu temple and a 14th-century dargah. For more than a century, the ritual has been performed at the lower pillar at the foot of the hill.

The court ruling

On Monday, Justice Swaminathan directed that the lamp be lit on the pillar located halfway up the hill, overturning objections from the state government and temple authorities.

The judge argued that the upper pillar also forms part of temple property and should therefore be included in the ritual. He stressed the importance of the temple asserting possession of its assets.

The judge observed that the contempt petition was filed on last Wednesday after the petitioner alleged that no arrangements had been made to implement the court’s order, raising fears of disruption during the evening ritual. When the matter was heard at 5 pm, the Additional Advocate General argued that the plea was “premature”, leading the court to adjourn proceedings until 6.05 pm. On resumption, the judge remarked that the violation was evident, as the Deepathoon Deepam remained unlit.

The court further noted that the temple’s Executive Officer had lodged a writ appeal only on December 2, and in a defective format, which the judge suggested was an attempt to delay compliance. He also pointed out that the dargah, described as the truly aggrieved party, had not filed any appeal, adding that the temple itself had no grounds to oppose the December 1 order.

Responding to the controversy, petitioner Rama Ravikumar accused the police of disregarding the court’s directive, blaming the government for the impasse. “We handed the temple administration a copy of the order, along with all items needed to light the lamp, and informed them that it must be lit on the Deepa Stambam at the top of the hill. By 2 pm, however, no preparations had been made. The court permitted me and 10 others to light the lamp under CISF protection,” he told reporters.

He added, “Police are now saying that, because of Section 144 prohibitory orders, they will arrest even CISF officers if they proceed. Do Hindus not have the right to worship in this country? We have no quarrel with the Muslims in this town. The problem lies with the government, which is disrespecting the court’s order for votes. We will pursue this legally. According to the law, the Thiruparankundram Deepam will be lit.”

The DMK has warned that the order risks inflaming communal tensions, particularly with Assembly elections less than six months away. The party also noted that the ruling effectively reverses a 2017 judgement by a division bench of the High Court.

Despite the order, temple officials lit the lamp at the traditional lower pillar on December 3, the day of the festival. Justice Swaminathan, citing non-compliance, subsequently ordered that the lamp be lit at the upper pillar as well. This triggered chaotic scenes as crowds attempted to ascend the hill, supported by armed central security forces, prompting district authorities to impose restrictions on large gatherings.

Legal battle intensifies

The Chief Minister stated that the Karthigai Deepam lamp was lit at the temple on December 3, as well as at the Uchipillayar shrine on the hill. He added that all associated rituals and prayers were carried out by the Hindu Religious and Charitable Endowments Department in line with long-standing tradition. The lamp, he emphasised, had been lit at the proper place and time, in accordance with established practice.

He further remarked that people of all faiths in Tamil Nadu live together like family. For generations to come, he declared, it is only the “lamp of equality” kindled by social reformer Periyar E V Ramasamy that will continue to shine across the state.

The Tamil Nadu government appealed to a two-judge bench, arguing that it should have been granted 30 days to challenge the ruling before enforcement. It further claimed that the deployment of Central Industrial Security Force (CISF) personnel amounted to judicial overreach, as the force is mandated to protect court premises rather than enforce orders.

Officials also accused the petitioner of mobilising crowds and disturbing public order. Petitioners countered that police had refused to provide security despite a court directive, leaving them no choice but to seek enforcement.

The bench ruled against the state government, which has since filed a plea with the Supreme Court. The apex court has agreed to hear the matter but has yet to set a date.

DMK accused of taking anti-Hindu stance

The controversy has been politically damaging for the DMK, which faces accusations from opponents of adopting an ‘anti-Hindu’ stance to appease Muslim voters – allegations the party has consistently denied.

Chief Minister M K Stalin responded on Monday, stating that all associated rituals and prayers were carried out by the Hindu Religious and Charitable Endowments Department in line with long-standing tradition.

The lamp, he emphasised, had been lit at the proper place and time, in accordance with established practice.

He further remarked that people of all faiths in Tamil Nadu live together like family. For generations to come, he declared, it is only the “lamp of equality” kindled by social reformer Periyar E V Ramasamy that will continue to shine across the state.

(With ANI inputs)