A group of five persons named by the court could be permitted to proceed to the hilltop pillar known as Deepathoon to offer symbolic prayers for 15 minutes, the Madurai Bench of the Madras High Court has suggested while hearing the Deepam lighting row at Thirupparankundram.
Justice GR Swaminathan said while the District Collector, in his additional affidavit, maintained that the prohibitory order issued under Section 163 of the BNSS was purely to prevent any law and order situation and did not intend to obstruct temple officials from lighting the Deepam as per the December 1 order, the fact remained that the court's direction could not be implemented on the ground.
"The proof of the pudding lies in eating," the judge observed, pointing out that the police had taken shelter behind the Collector's order to resist execution of the court's directive.
The contempt pleas alleged wilful disobedience of the earlier order relating to lighting of the Deepam at the hillock near the Arulmigu Subramania Swamy Temple.
In his affidavit, Madurai District Collector KJ Praveenkumar said the one factor he kept in mind was that the temple management or devaswom could implement the High Court's judgment only if there was no disturbance in the hillock area.
He contended that the prohibitory order "definitely did not contemplate hindrance" to temple officials lighting the lamp in accordance with the judgment.
The temple administration had earlier argued that for more than a Century, the Karthigai lamp had been lit only near the Uchi Pillayar temple atop the hill and that the practice could not be altered against the sentiments of devotees. A Division Bench of the High Court had earlier upheld the earlier single judge's order permitting lighting of the Deepam at the designated pillar.
The court, while suggesting the five-member symbolic prayer formula, clarified that it was only a proposal to show respect to its earlier order and not a binding direction.
Senior counsel appearing for the state sought time to obtain instructions. "We have not received instructions from the government," a senior counsel representing the state government told NDTV.
During the proceedings, the Collector tendered unconditional apology for the second time in the contempt plea and was exempted from personal appearance. The court directed senior police officials to be present on the next date.
The next hearing will be held on March 4.
The court also closed a separate plea seeking initiation of contempt proceedings against Tamil Nadu Minister Regupathy, underscoring that it can be opened anytime.
