MHC judge asks if his ordered disregarded ‘under instructions’

Earlier this month, the judge had directed Arulmighu Subramaniya Swamy Temple Devasthanam to light the Karthigai deepam at the site known as Deepathoon from this year.
Madras High Court
Madras High CourtFile
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MADURAI: The fire lit by the Thiruparankundram Deepam row is far from over. Continuing the contempt proceedings against senior officials for not implementing his order permitting lighting of the lamp on a stone variously called Deepathoon, survey stone, and a Jain structure, Justice GR Swaminathan of the Madras High Court asked if the court’s repeated orders were disregarded ‘under instructions’.

Earlier this month, the judge had directed Arulmighu Subramaniya Swamy Temple Devasthanam to light the Karthigai deepam at the site known as Deepathoon from this year. After the police prevented the petitioner from lighting the lamp, the court sent the CISF personnel attached to the Madurai Bench to offer protection. However, the police clamped prohibitory orders and prevented it again.

Appearing through video conference on Wednesday as directed by the court, Chief Secretary N Muruganandam submitted that the government had utmost respect for the court. “But at the same time, it’s the bounden duty of the government to ensure law and order is maintained. There are some incidents on which court rulings could not be implemented,” he submitted.

Terming it unacceptable, the judge said court orders have to be obeyed, unless it has been stayed or set aside by a higher forum. While admitting that there could be cases where a judicial order cannot be implemented, Justice Swaminathan said, “But law and order cannot be a ground for flouting a court's order. That would be inexcusable. That would amount to breakdown of law and order. That would lead to paralysis of the constitutional machinery."

In a pointed remark, the judge then asked if the continued disobedience was “under instructions”, a thinly veiled comment on the stand that the ruling DMK has taken in the matter, including seeking Justice Swaminathan’s impeachment.

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