A petition has been filed in the Supreme Court demanding legal action against individuals and organisations who allegedly made caste and religion-based defamatory remarks against Justice G R Swaminathan of the Madras High Court, following his order permitting the lighting of the “Karthigai Deepam” lamp on Thirupparankundram hill near Madurai.
The plea, filed by advocate G S Mani, alleges that members of DMK-backed political parties, communist organisations, and certain lawyers staged unlawful protests both in public spaces and within the premises of the Madras High Court in Chennai and Madurai. It claims that these protestors made “highly contemptuous” and defamatory statements targeting Justice Swaminathan on the basis of his caste and religious identity.
According to the petition, the remarks were not only defamatory but also intended to disrupt public order, provoke communal tensions, and undermine the authority of the judiciary. The petitioner has urged the apex court to direct the Tamil Nadu government and law enforcement agencies to take strict legal action, including initiation of criminal proceedings, against those involved in the protests.
The controversy arose after Justice Swaminathan passed an order on December 1 allowing devotees to light the traditional Karthigai Deepam lamp at “Dheepathoon”, a stone pillar located on the Thirupparankundram hillock, which lies in proximity to a dargah. The order came on a batch of writ petitions seeking permission for the religious ritual.
In his order, Justice Swaminathan clarified that lighting the lamp would not impact the structure of the dargah, which he noted was situated at a distance of at least 50 metres from the stone pillar. “By lighting the lamp at Deepathoon, which is meant for that purpose, the structure of the Dargah is not in any way affected,” he wrote.
However, when the order was reportedly not implemented on the ground, the judge passed a follow-up order on December 3, allowing devotees to light the lamp themselves and directed the Central Industrial Security Force (CISF) to provide them security.
This prompted a strong response from the DMK-led state government, which challenged the direction before the Supreme Court.
The plea before the top court frames the backlash against Justice Swaminathan as a serious attack on judicial independence. It claims that the protests crossed the line of permissible dissent and entered the realm of criminality by using casteist and communal rhetoric.
The petition calls for a comprehensive probe into the incident and stern action against all those responsible for organising and participating in what it describes as a coordinated attempt to undermine the judiciary and disturb communal harmony.
The Supreme Court is yet to list the matter for hearing.
