New Delhi. In a significant judgment, the Madras High Court has said that lighting the Karthigai Deepam during the Hindu festival at the Deepathoon located at the lower peak of the sacred Tirupparankundram hill will not in any way affect the rights of the nearby Dargah or the Muslim community. According to the news of Bar and Bench, the bench of Justice GR Swaminathan, while giving its verdict on the appeal of the petitioners (Hindu devotees), directed the Arulmigu Subramaniam Swamy Temple management to light the lamp at the existing place (Uchi Pillaiyar Mandapam) as well as on this lamp stand.
What is Karthigai Deepam?
Karthigai Deepam is an ancient Hindu festival celebrated in Tamil Nadu, Kerala and Andhra Pradesh. It is the festival of lights, celebrated on the full moon day in the Tamil month of Karthikai (November–December). On this day, earthen lamps are lit in homes and temples. This festival is mainly associated with Lord Shiva and his son Kartikeya (Murugan).
The property of Deepasthamba Temple is:
Citing a Privy Council decision of the 1920s, the court observed that the area where ‘Deepsthamb’ is situated is not under the Dargah management but is the property of a Hindu temple. The judge remarked, “The Deepasthambha is on the lower peak while the mosque is on the highest peak. The Hindu god Subramaniam is at the base of the lower peak. The Deepastambha is not the part occupied by Muslims.”
no effect on rights
Rejecting the objections raised on lighting the lamp, Justice Swaminathan said that “lighting the lamp on the lamp post will not affect the Dargah or the rights of Muslims in any way.” He said that the Dargah management has not been able to prove how they would be affected by lighting the lamp and it is not their case that the ‘Deepstambh’ is inside the Dargah premises. On the contrary, if the lamp is not lit then there will be a possibility of the rights of the temple being at risk.
Court’s instructions and role of police
The court gave clear instructions, “I direct the temple management/Devasthanams to light the Karthigai Deepam on the Deepasthambha from this year onwards apart from the normal places. It is the duty of the concerned police to ensure that this direction of the Court is followed.”
Comment on temple management
The court also criticized the temple management for not being vigilant in protecting their rights and the devotees were forced to raise the issue. Justice Swaminathan said that the temple management should restore the traditions that have been abandoned, provided that constitutional morality is not violated. The judge also rejected the argument that lighting lamps violates the Places of Worship Act. He said that the Deepasthamba is meant for that purpose only and lighting the lamp does not affect the structure of the Dargah in any way as the Dargah is situated at a safe distance of more than 50 metres.
The judge himself visited the temple-dargah
Before pronouncing the judgment, Justice Swaminathan also personally visited the hill. They found that the paths leading to the Dargah and the paths leading to the Deepsthambh are clearly separate, indicating that the Deepsthambh is on temple land and not in the area recognized for the Dargah. The Sikandar Badshah Dargah on the hill is at the highest peak, while the Arulmigu Subramaniam Swamy Temple is at its base. With this decision, the court has emphasized on the balance of rights between the two communities.
What is the whole controversy?
This dispute is regarding the Arulmigu Subramaniam Swamy Temple of Tirupparankundram Hill Hindus and the Sikandar Badshah Dargah of the Muslim community. The dispute between the two parties started in the 1920s. In the year 1920, the Privy Council of British India ruled that the highest peak (Dargah area), Nellithope and the stairs leading to the Dargah belong to the Dargah, while the rest of the hill is the property of the temple. The Dargah management objected to the lighting of the lamp on the Deepsthamb, fearing that it would affect their rights, which was rejected by the High Court and permission was given to light the lamp.
