Madras HC bench stays multiple orders of single judge in Deepathoon issue

Observing that courts should not become a political platform, the Madurai bench also extended interim stay and advised stakeholders not to escalate the issue
Madurai Bench of Madras High Court.
Madurai Bench of Madras High Court.File photo | Express
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MADURAI: Observing that the court should not be used as political platform, the Madurai bench of the Madras High Court on Wednesday stayed several orders passed by Justice G R Swaminathan in the contempt petitions filed over non-compliance of his order dated December 1, 2025, directing lighting of Karthigai Deepam on the deepathoon atop Thiruparankundram hill in Madurai.

The orders that were stayed included Justice Swaminathan’s suggestion on March 4 to permit five persons to be named by the court to offer symbolic prayers at the ‘deepathoon’ for 15 minutes.

A bench of justices N Sathish Kumar and M Jothiraman passed the order on Wednesday while hearing a batch of letters patent appeals (LPAs) filed by the police and temple authorities and Sikkandar Badusha Dargah located near the ‘deepathoon’. One of the petitions, filed by the dargah, sought a direction to transfer the matter from Justice G R Swaminathan to a different judge, alleging bias.

The judges orally advised all stakeholders not to escalate the issue. They also added that the court should not be used as a political platform after some of the counsel demanded that the matter be listed again before the election. The issue would be decided only based on legal principles, they added and adjourned the matter to June 4.

The interim stay granted on another set of LPAs filed by the collector and city police commissioner in connection with two interim orders passed by Justice Swaminathan in December was also extended.

The dargah’s representatives, in their LPA against the order directing symbolic prayers at the deepathoon, claimed the above suggestion has the effect of modifying or expanding the scope of the December 1 order and is impermissible in contempt jurisdiction especially after division bench’s (headed by Justice G Jayachandran) order in appeals.

The dargah also filed a separate LPA challenging another interim order passed by the judge on January 9, in which he criticised the dargah representatives for allegedly committing ‘rank criminal trespass’ by tying the dargah’s flag on a tree situated in the temple’s property.

Meanwhile, the executive officer of the temple also filed LPAs challenging the above orders. Both were listed for maintainability and the judges declared them maintainable and granted stay to the impugned orders. Stay was granted on 10 other LPAs filed by the city police commissioner and deputy commissioner (South) against the March 4 suggestion, among others.

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