Court Questions Tamil Nadu For 'Not Obeying Order' On Deepam Row
Justice Swaminathan sought an explanation from the state on why his earlier order permitting the lighting of the Karthigai Deepam on a pillar adjacent to the dargah on the hilltop was not executed.
· www.ndtv.comChennai:
The Madurai Bench of the Madras High Court on Tuesday heard a contempt petition arising out of the Thiruparankundram Karthigai Deepam dispute, with Tamil Nadu Chief Secretary and Director General of Police appearing via video conference before Justice GR Swaminathan.
Justice Swaminathan sought an explanation from the state on why his earlier order permitting the lighting of the Karthigai Deepam on a pillar adjacent to the dargah on the hilltop was not executed. The judge observed that court orders cannot be kept in abeyance citing law and order concerns, and questioned why the order was not honoured.
Responding to the court, the Chief Secretary submitted that there was no intention on the part of the government to defy the High Court's order. He informed the court that the state government had already moved an appeal before a Division Bench of the High Court challenging the single judge's directions.
The Madurai District Collector and the City Police Commissioner also made submissions, stating that there was no ulterior motive behind the invocation of prohibitory orders in the area. They maintained that the restrictions were imposed purely in the interest of maintaining public order as the situation had turned sensitive with the gathering of crowds.
The contempt hearing was adjourned to January 9, in view of the appeal filed by the Tamil Nadu government, which is currently being heard by a two-judge Bench. Arguments in the appeal continued for the fourth consecutive day with the dargah, temple, HR&CE department, Wakf Board and Devaswom arguing against the order. The petitioners are presenting their arguments today.
The case traces back to December 1, when Justice Swaminathan had permitted the lighting of the Deepam on a pillar located next to the dargah on the Thiruparankundram hill. However, on December 3, the day of Karthigai Deepam, the temple administration lit the lamp only at the traditional spot on a pillar near the Uchchipillayar Temple on another part of the hill, where the ritual has been observed for over a century.
On the same day, the petitioner moved a contempt plea, following which Justice Swaminathan ordered the petitioner and ten others to proceed to the disputed pillar to light the lamp and directed the CISF to provide escort. As crowds gathered and the situation reportedly turned tense, the Madurai Collector enforced prohibitory orders, preventing the execution of the court's direction.
The following day, the judge quashed the prohibitory orders and again directed that the lamp be lit with security provided by the State police. However, the police allegedly prevented the exercise, leading the temple administration, the State government and the police to file an appeal before the Division Bench.
Meanwhile India BLOC MPs have moved impeachment proceedings against Justice Swaminathan, alleging misconduct. They claim their complaint has nothing to do with his order on Thiruparankundram.
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Tamil Nadu, Thiruparankundram, Madras High Court