A public curiosity litigation has been filed within the Supreme Court docket looking for actions in opposition to the protestors who allegedly unfold defamatory remarks in opposition to Justice G.R. Swaminathan, Choose of the Madras Excessive Court docket, subsequent to his order to gentle the Karthigai Deepam on the Deepa Thoon (lamp pillar) on the Thiruparankundram Subramaniya Swamy Hill Temple, Madurai.
The PIL has been filed by Advocate G.S. Mani, belonging to the Bharatiya Janata Get together, alleging that caste- and religion-based defamatory remarks have been made in opposition to Justice Swaminathan, with an intention to disturb social concord and provoke legislation and order and communal unrest.
It’s alleged that people affiliated with ruling DMK-supported events, together with the Communist events, together with sure legal professionals, have carried out unlawful and unauthorised protests in public locations and have repeatedly staged demonstrations outdoors the Madras and Madurai Benches of the Excessive Court docket and different court docket premises. The protesters are mentioned to have demanded the resignation of a sitting decide and attributed improper motives to his judicial selections. It’s additional alleged that the State Authorities and police authorities remained passive and didn’t take motion in opposition to these concerned.
Mani prays for instructions to the Tamil Nadu Authorities and police authorities to provoke strict authorized motion, together with prison proceedings, in opposition to the individuals accountable for such acts.
It could be recalled that Justice Swaminathan, on December 1, ordered administration of Arulmighu Subramaniya Swamy Temple to gentle a lamp at a stone pillar atop the Thirupparankundram hill close to a dargah, and later reprimanded the State Authorities for obstructing the implementation of the order.
Because the Tamil Nadu Authorities didn’t implement the orders and the scenario turned risky, Part 144 CrPC was imposed. A contempt petition was filed for non-compliance, during which Justice Swaminathan, on December 3, allowed devotees to go to the hill and lightweight the deepam themselves with CISF safety. Orders in contempt quashing the prohibitory order beneath Part 144 CrPC and directing the state’s Chief Secretary and Further Director Basic of Police (L&O) to seem earlier than the Excessive Court docket have been additionally handed by him.
The Tamil Nadu Authorities filed a letter patent enchantment in opposition to the contempt order. Nonetheless, it was dismissed by the division bench, pursuant to which they approached the Supreme Court docket.
Additional, the petitioner has additionally acknowledged that alleged defamatory information experiences and posts concentrating on Justice Swaminathan are being circulated by media retailers and social media platforms.
“The petitioner submits that judges can’t be subjected to avenue protests, political strain or social media intimidation for his or her judicial orders, as the one constitutionally recognised treatment in opposition to a judicial choice is thru enchantment, assessment or different lawful procedures. Permitting protests and campaigns in opposition to sitting decide can have a chilling impact on judicial independence and discourage judges from discharging their duties fearlessly.”
It’s acknowledged within the petition that Advocate Mani had written a grievance to the Chief Secretary of Tamil Nadu, House Secretary, Director Basic of Police, Commissioner of Police, Chennai, and the Registrars of the Madras Excessive Court docket at Chennai and Madurai, looking for prison motion in opposition to the protesters. Nonetheless, no motion was taken by the State authorities on the mentioned grievance. Aggrieved as a result of lack of response, he has approached the Supreme Court docket for acceptable instructions.
It could be famous that opposition MPs have additionally moved an impeachment movement in opposition to Justice Swaminathan.
Case Particulars: G.S. MANI v. GOVERNMENT OF TAMIL NADU & Ors
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