MADURAI: Criticising the non-compliance of its order directing the executive officer of the Subramaniya Swamy temple to light the Karthigai Deepam at the ‘Deepathoon’ atop Thiruparankundram hill in addition to the usual places, the Madurai Bench of the Madras High Court permitted the petitioner to light the lamp at the Deepathoon under the protection of Central Industrial Security Force (CISF) attached to the HC bench. The state government has moved an appeal against the order, which is expected to be heard on Thursday.
Justice G R Swaminathan passed the order on Wednesday evening on a contempt petition filed by Rama Ravikumar of Madurai alleging though the Karthigai deepam has to be lit at 6 pm on the day, no preparatory measure has been taken by the temple authorities for lighting the deepam even until 1 pm.
When the contempt petition was heard around 4:30 pm, Justice Swaminathan directed the executive officer and the city police commissioner to be present before the court through video conference, and passed over the case to 5 pm. Subsequently, at 5 pm, the additional advocate general J Ravindran, representing the state, appeared through video conference and contended the petition was premature and deserves to be closed. Following this, the judge passed over the case to 6.05 pm.
The matter was taken up then, and the judge observed though the lamp was lit at the Deepa Mandapam near Uchipillaiyar temple at 6 pm, the deepam was not lit at the Deepathoon as directed.
“The state administration has decided to cock a snook at this court’s order,” the judge criticised. The Dargha which alone could be said to be the aggrieved person does not appear to have filed any appeal. The temple has filed an appeal but in a defective format, leading to the papers being returned by the Registry, he noted, adding it makes him wonder if it was ruse to disobey the order. Unless the order was stayed by a division bench of the court or by the Supreme Court, it has to be complied with, he pointed out.
“I had not ordered the execution of anybody. I had not ordered demolition of any building. No irreversible consequence will ensue if the order of this court is obeyed. On the other hand, defying the order of this court would send a very bad signal. It would encourage the officials to indulge in such conduct in future also. That would sound the death knell for democracy itself,” the judge said.
Citing several judicial pronouncements in contempt cases across the globe, the judge added the power of constitutional courts in contempt cases does not limit to handing out sentences alone. Instead of ordering imprisonment, the courts are empowered to ensure obedience of their order by directing the act to be done by some person appointed for that purpose, he said and permitted the petitioner to light the deepam at the deepathoon.
He further directed the commandant of CISF unit of the Madurai bench to send a team of personnel to offer protection to the petitioner and his 10 associates in implementing the order. The case was posted to Thursday at 1 pm for reporting compliance.