DMK and Opposition MPs Move to Impeach Madras HC Judge G.R. Swaminathan Over Controversial Karthigai Deepam Order
The Lok Sabha Speaker has been appealed to by DMK Members of Parliament (MPs) and other opposition parties for a motion to impeach Judge G.R. Swaminathan from the Madras High Court.
Aadrika Tayal 
New Delhi (India) December 10: On 9 December, the opposition group, with its more than 100 members, submitted a notice to the Lok Sabha Speaker calling for a motion to impeach Justice G. R. Swaminathan (Madras High Court).
Opposition MPs Submit Notice for Judge Swaminathan’s Impeachment
The notice, which contained more than 100 signatures of various members of Parliament, was handed over by Kanimozhi (DMK parliamentary leader); Mr. TR Baalu (DMK Parliamentary Leader, Lok Sabha); Mr. Akhilesh Yadav (Samajwadi Party); and Ms. Priyanka Gandhi Vadra (Congress party).
The motion seeks to remove Justice Swaminathan for "misconduct". It describes his behaviour as raising concerns about his impartiality, transparency and secularism.
The notice of the motion states three reasons for removing Justice Swaminathan: ideological bias, favouritism towards one old lawyer, and actions based on established patterns that violate the Constitution’s neutrality for judges.
Controversy Erupts Over Karthigai Deepam Lamp Relocation on Sacred Hill
The action that ignited the current controversy was the order of Justice Swaminathan of the Madras High Court in the Thiruparankundram Karthigai Deepam case requiring that the Karthigai Deepam lamp be lit at the ancient stone pillar at the top of the hill, as opposed to the lower mandapam where it has been lit for many years.
Both the Tamil Nadu Government and the temple administration opposed moving the Karthigai Deepam Lamp to this new location citing concerns about disruption to public order and the potential for communal tensions.
After the State of Tamil Nadu failed to comply with his order, Justice Swaminathan initiated contempt proceedings against the State and ordered that the petitioners conduct the Karthigai Deepam ritual at the top of the hill under the protection of Central Industrial Security Force personnel.
Potential Impact on Religious Harmony in Tamil Nadu
While this case has generated greater scrutiny than earlier cases involving the hill, it also brings to light the complexities of Tamil Nadu's religious coexistence. The hill has hosted a Murugan temple and a dargah side by side for decades.
Critics of Justice Swaminathan's orders contend that moving the location of the lamp to the top of the hill may upset the delicate balance that has existed historically, and have raised concerns about the manner in which Justice Swaminathan intervened in an established religious practice.
BJP Legal Wing Defends Judge, Condemns Personal Attacks
On Wednesday, members of the Bharatiya Janata Party's (BJP) lawyers' group protested outside the district courthouse in response to comments regarding the personal life of G.R. Swaminathan.
Guru Ramesh Kumar, district secretary of BJP legal wing said, “While the law permits comments and criticisms of a judgement, criticising a judge and his personal matters is condemnable.”
They stated that the government should take action against those responsible for printing derogatory remarks about justice Swaminathan, and that the public should be reassured that the courts still are regarded with confidence.
Parliamentary Inquiry Process Explained Under Judges (Inquiry) Act
By the terms of the Judges (Inquiry) Act, once the notice of motion has been submitted and accepted, there will be a commission of inquiry to look into the charges against Justice Swaminathan, formed by the Lok Sabha Speaker.
The report of the inquiry will then be laid before each House of Parliament. After that, each House will discuss it and vote on the question of removing Justice Swaminathan from office.
