‘Exclusive Rights Over Temple Rituals’, TN Defends Defying HC Order in SC

The DMK government in Tamil Nadu is embroiled in a legal battle, asserting its exclusive rights over temple rituals and customs, specifically regarding the lighting of the ‘Karthigai Deepam’ atop Thiruparankundram hills. This assertion comes as the state government appeals to the Supreme Court against an order from the Madras High Court (HC) that permits the traditional lighting of the lamp at the stone lamp pillar ('Deepathoon') on the Thirupparankundram hillock near Madurai.

The Supreme Court acknowledged the plea from the Tamil Nadu government but offered no immediate assurance for an early listing of the case. Chief Justice of India (CJI) Surya Kant stated that he would consider the listing as soon as possible, when the appeal was mentioned before a bench comprising CJI Kant and Justice Joymalya Bagchi.

The core of the dispute lies in the state government's claim that the HC cannot use its contempt jurisdiction to question temple rituals and customs. The DMK government argues that these matters fall under the exclusive domain of authorities as defined by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

The Madras High Court, however, has repeatedly upheld the permission for lighting the lamp at the 'Deepathoon', even initiating contempt proceedings against officials for non-compliance. A single-judge bench initiated these proceedings after the 'deepam' was lit at the Uchi Pillayar Temple, instead of the 'Deepathoon' atop the hill, as directed on December 1. This order was then upheld by a division bench of the HC.

Advocate P V Yogeswaran, representing a caveator, argued that the Tamil Nadu government is defying the HC's orders while simultaneously creating a "drama" by appealing to the SC. The advocate suggested that the appeal is a tactic to dissuade the HC from proceeding with the contempt proceedings initiated against authorities for what he described as "blatant, brazen and deliberate defiance" of the HC's orders.

The controversy surrounding the Thiruparankundram Karthigai Deepam is not new. The central issue is whether the ceremonial lamp should be lit at the traditional Deepathoon stone pillar or at the Uchi Pillayar temple mandapam. Hindu petitioners support the former, while temple authorities and the district administration prefer the latter. Historical land records and a 1923 civil court decree recognize the Deepathoon pillar as part of the temple's land, while granting possession of the peak, steps, and the mosque area to the nearby Sikandar Badusha Dargah.

The division bench of the Madras HC, comprising Justices G Jayachandran and K K Ramakrishnan, dismissed the state's appeal, stating it was filed with an ulterior motive to preempt contempt action. The bench also justified providing CISF protection, stating that it "was provided only because the state police refused to give protection and comply with the court direction".

Justice G R Swaminathan of the Madras High Court criticized the administration for non-compliance, stating that his order must be followed unless stayed or set aside by a higher court. He also directed CISF personnel to visit Thiruparankundram and file a detailed report before the court.

The issue has also resonated in Parliament, with DMK and BJP MPs clashing over the matter. DMK members staged a walkout in Rajya Sabha, accusing the Union government of ignoring the tensions in Tamil Nadu. BJP MPs have accused the state government of denying devotees the right to worship at the Arulmigu Subramaniya Swamy Temple.