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The conflict between Justice GR Swaminathan and the DMK government in Tamil Nadu has increased rapidly. The state government refused to implement the court order to burn Karthigai Deepam on the hills of Madurai, deepening the religious and political dispute. DMK is now preparing to bring an impeachment motion against him in Parliament. The matter has reached the Supreme Court and a new debate of judiciary versus executive has erupted across the country.
Tamil Nadu’s ruling Dravida Munnetra Kazhagam (DMK) is preparing to bring an impeachment motion against Madras High Court Justice GR Swaminathan with the help of the India Alliance in the winter session of Parliament. This step comes after a judicial order by Justice Swaminathan which irked the DMK and created a political earthquake in the state. This development reflects the growing tension between the judiciary and the executive. This situation arose after the judge’s decision in the temple and dargah dispute.
What was there in Justice Swaminathan’s order?
Justice Swaminathan, sitting in the Madurai Bench of the Madras High Court, in his recent order directed that the traditional Karthigai Deepam be lit on the Dibathun pillar of a temple near a dargah situated on the top of the Thiruparankundram hills in Madurai. The court had clarified that this religious ritual will not infringe the rights of the Dargah or the Muslim community in any way. The Tamil Nadu government refused to implement this order of the court. The government argued that there was a danger of law and order deteriorating due to this. On the night of the festival, the police stopped the devotees from going to the hill. This spread anger among Hindu organizations and they started protests. This government resistance has only added fuel to the political fire.
Tamil Nadu government did not accept the order
Justice Swaminathan, in his order, had rejected the objections of the temple authorities and the Dargah management. He had allowed a small group of 10 devotees to perform the ritual under the supervision of CISF. On 5 December, the Division Bench of the Madras High Court upheld the order of the single bench. The bench remarked that the state machinery had deliberately decided not to follow the instructions. After this decision, the Tamil Nadu government has challenged this order of the High Court by filing a Special Leave Petition (SLP) in the Supreme Court. A hearing on this is yet to take place. Meanwhile, Vishwa Hindu Parishad (VHP) has described the DMK government as anti-Hindu and has urged the Center to protect the constitutional rights of Hindus.
Who is Justice GR Swaminathan?
Justice GR Swaminathan was born in 1968. He is a native of Thiruvarur. After becoming a lawyer in 1991, he practiced law in Puducherry (1997) and later in Madurai Bench of Madras High Court (2004). He was appointed Additional Judge on 28 June 2017 and Permanent Judge in April 2019. He will retire on 31 May 2030. Justice Swaminathan has also given many important decisions. In one of his decisions, unnecessary medical interventions on intersex infants and children were banned in Tamil Nadu. His decision has been appreciated from the Supreme Court to the United Nations (UN).
