‘Political motive’: Former judge slams impeachment move against Madras HC judge in temple lamp row

Jabalpur: Former Madhya Pradesh High Court judge KK Trivedi claimed on Monday that Opposition parties' push to impeach Madras High Court judge Justice G R Swaminathan stemmed from political motives or pressure tactics to secure a favourable ruling.

Several Opposition MPs, spearheaded by the DMK, presented a notice to Lok Sabha Speaker Om Birla seeking a motion to oust Justice Swaminathan, whose directive ordering Subramania Swamy temple officials to light a lamp at the ‘deepathoon’ (pillar) in Tamil Nadu's Madurai district ignited controversy.

On December 1, Justice Swaminathan ruled that Arulmighu Subramania Swamy Temple must ignite the lamp at the Deepathoon alongside the traditional lighting by Uchi Pillaiyar Mandapam.

The single judge bench asserted this would not infringe on the rights of the neighbouring dargah or Muslim community.

When the directive went unenforced, the judge issued another order on December 3, authorising devotees to light the lamp and tasking the Central Industrial Security Force (CISF) with their safety.

The Tamil Nadu government challenged the HC order in the Supreme Court.

The ruling triggered uproar, prompting Opposition MPs led by DMK on December 9 to file the impeachment notice with Lok Sabha Speaker Om Birla.

On Friday, 56 ex-judges from the Supreme Court and high courts released a statement slamming the DMK-led bid to impeach Justice Swaminathan as a "brazen attempt to browbeat judges".

"We all agree that the manner in which this move (by Opposition parties) has been is completely wrong, especially when the matter in question is still pending before the court," former MP High Court Justice Trivedi, a signatory to the letter, told PTI Videos.

"Either this action has been taken solely for political purposes, or it is an attempt to pressure the judge into a decision in favour of a particular side," he said.

Both scenarios prove intolerable, as they gravely harm judicial reputation, the Indian court system, and erode public trust, the ex-judge warned.

Under the Constitution, a removal motion against a judge requires evidence of proven misconduct or incapacity, he underscored.

How can an impeachment motion be brought based on grounds that are not legally permissible? he asked.

"This entire process appears to be an attempt to interfere with the judicial process and could also be seen as an attempt to exert pressure on the judge," former Justice Trivedi remarked, urging self-reflection before accusations.

"Are those who initiated this (impeachment motion notice) clean in every way? If not, where does the moral right lie to take such action?" he questioned.

The BJP on Saturday accused Opposition parties' stance on lighting a traditional lamp at the Madurai hilltop temple of amounting not just to vote-bank politics but a “structural nefarious attack” on India's “basic identity”.

With inputs from PTI