The Madras High Court has issued a stern warning regarding potential contempt charges in connection with the ongoing dispute surrounding the Karthigai Deepam festival in Tamil Nadu. The court's concern stems from the repeated citing of "law and order" issues by state authorities as justification for non-compliance with judicial orders.
Justice G.R. Swaminathan of the Madurai Bench of the Madras High Court has taken a strong stance against what he perceives as a growing tendency among Tamil Nadu officials to prioritize law and order concerns over the implementation of court directives. He has cautioned that such conduct undermines the very foundation of constitutional governance.
The issue arose from two contempt petitions alleging non-compliance with the court's previous orders concerning the lighting of the Deepam lamp at a specific location on Thiruparankundram hill. The core of the matter involves the administration's failure to execute Justice Swaminathan's directive to light the lamp on the hilltop. The state argued that the deadline for the Deepam lamp lighting had passed, rendering the contempt petition inconsequential. Furthermore, the government asserted that the court cannot interfere in temple rituals and that the district administration's actions were within the bounds of Section 144, concerning law and order.
Justice Swaminathan has expressed his disapproval of the state's position, asserting that he would consider contempt action if clear directives from the Supreme Court are not received. He questioned whether prohibitory orders were issued independently by district collectors or under instruction from higher authorities, highlighting the systemic nature of the problem. He also referenced another case involving an illegal church construction where an existing injunction was allegedly ignored due to law and order concerns.
The judge criticized the state's stance that law and order considerations could justify delaying or obstructing the execution of court orders. He cautioned that such an approach erodes public confidence in the justice system and undermines the rule of law.
In a related development, the Madras High Court has also stayed the release and circulation of a book containing derogatory remarks against Justice G.R. Swaminathan concerning his judgement in the Karthigai Deepam case. The court termed the book as highly derogatory and abusive and initiated suo motu contempt proceedings against the publisher. The court has directed the Tamil Nadu Police to ensure that the book is not released or circulated.
The legal and political ramifications of the Deepam controversy continue to unfold, with the Supreme Court now holding the key to resolving the dispute. The next hearing is scheduled, and Justice Swaminathan expects the chief secretary to take a responsible stand.
