Parties of the INDIA bloc on Tuesday submitted a resolution to impeach Justice G.R. Swaminathan of the Madurai bench of Madras High Court for "undue favouritism" along communal and political lines.
Last week, the judge directed the administration of the 6th-century Subramaniya Swamy Temple at Thiruparankundram Hill in Tamil Nadu to revive what he described as a "tradition" of lighting a lamp near a pillar of the 13th-century Sikandar Badushah Dargah on the hill. He also issued a contempt order after the temple management failed to carry out the court's directive, as the DMK-led government resisted it.
The matter escalated after the court allowed a Hindutva group to perform the ritual under the protection of the Central Industrial Security Force (CISF), which was stopped by the police enforcing prohibitory orders. The state appealed in the high court and the Supreme Court, which has admitted its plea.
The impeachment motion was endorsed by 107 MPs of the Congress, CPM, AAP, DMK, Samajwadi Party, CPI, CPIML-Liberation, DMK, Marumalarchi Dravida Munnetra Kazhagam, Viduthalai Chiruthaigal Katchi, Indian Union Muslim League, RJD, NCP (Pawar), and the Shiv Sena (Uddhav Thackeray).
They said in the motion to the Speaker Om Birla: "The conduct of Justice Swaminathan raises serious questions regarding impartiality, transparency, and the secular functioning of the judiciary. Undue favouritism (has been) shown to M. Sricharan Ranganathan, senior advocate, in deciding the cases, also favouring advocates from a particular community. And deciding cases based on particular political ideology and against the secular principles of the Constitution."
A complaint in Parliament against a judge requires at least 100 MPs to endorse the motion if it is moved in the Lok Sabha.
The issue of lighting the Karthigai Deepam (lamp) at Thirupparankundram came up in the Lok Sabha last week. DMK members protested in the House against the BJP's attempt to "ignite communal tensions". Union deputy minister L. Murugan accused the DMK of "targeting a particular community" and pointed out that the BJP state president, Nainar Nagendran, had also been detained while attempting to proceed to the hill.
The Left parties said in a statement: "Thirupparankundram Hill is home to three temples, a dargah, and several ancient Jain caves…. People of different faiths have conducted their religious practices here with mutual respect, and members of various communities have lived together without discord. However, seeking to extract political benefit in Tamil Nadu, BJP leaders, in February, labelled the site as the 'Ayodhya of the South', brought in people from outside, and attempted to provoke an incident.
"By allowing the petitioner to light the Karthigai Deepam atop a British-era survey pillar adjacent to the Sikandar Badusha Dargah, the court has provided a handle to communal forces. The single-judge bench, overruling the objections of the state and the temple administration, even permitted the petitioner to seek CISF protection for this act. These pronouncements not only disregard past judgments but also undermine the federal spirit of the Constitution by bypassing the state’s authority on matters of law and order," it said.