In Temple Lamp Row, Congress, Allies Back DMK Over Judge Impeachment

Over 120 opposition MPs - including the Congress' Priyanka Gandhi Vadra and Samajwadi Party boss Akhilesh Yadv - have presented a proposal to impeach Madras High Court judge Justice GR Swaminathan over his rulings in the Thirupparankundram Subramaniaswamy temple case.

The proposal was submitted to Lok Sabha Speaker Om Birla Tuesday afternoon, underlining the rift between Tamil Nadu's ruling DMK, represented by Kanimozhi, and a member of the state's judiciary.

The Dravida Munnetra Kazhagam – which faces a tricky Assembly election next year – has been backed in its bid to remove the judge by allies from the Congress-led INDIA opposition bloc.

The Thirupparankundram Subramaniaswamy temple case revolves around the lighting of a festival lamp on one of two ancient pillars, called 'deepathon', on a hill in Tamil Nadu's Madurai.

The hill is home to both a sixth-century temple and a 14th-century dargah.

On Monday, after a contentious hearing, Justice Swaminathan overruled protests by the state government and temple officials, and ordered the lamp to be lit on the pillar built halfway up the hill instead of the one at the foot of it, which has been the tradition for over a 100 years. The judge reasoned that the upper pillar is also temple property and must, therefore, be included in the ritual. The court emphasised the necessity of assertion of possession.

The DMK argued, and continues to argue, that such an order could inflame communal tensions, particularly with an Assembly election less than six months away. It has also pointed that Justice Swaminathan's order reverses a 2017 judgement by a Madras High Court division bench.

The temple did not comply with the court's original order; on Wednesday, December 3, the day of the festival, the lamp was lit at the traditional spot on the lower pillar.

An irked judge, citing non-compliance, then ordered it lit on the upper pillar also, leading to unruly scenes as hundreds tried to march up the hill to light the lamp – backed by armed central security forces – prompting district officials to issue prohibitory orders.

On Thursday, December 4, appeals by the Tamil Nadu government were heard by a two-judge bench of the Madras High Court. Among other points made, the state argued it (and the dargah, the administration of which also objected to the lamp being lit on the upper pillar) should have had 30 days to appeal the original order, i.e., the one on Monday, before its enforcement.

The state also argued deploying CISF amounted to judicial overreach, noting the force is meant to secure court premises and not enforce the law. It also alleged the petitioner mobilised crowds and disturbed public harmony at the temple.

The petitioners countered by saying police refused security despite a court order and that non-compliance had forced a second court order allowing them to light the lamp.

The court decided against the Tamil Nadu government and on Friday state filed a plea with the Supreme Court, which agreed to hear the matter but has not yet fixed a date.