Deepathoon: Tamil Nadu Government moves apex court
HC rejects AAG’s contentions, says appeal filed with ulterior motive
Supreme Court of India
MADURAI: Hours after facing severe criticisms from a division bench over the manner in which the row over lighting the Deepathoon at Thirupparankundram hilltop temple played out on Wednesday, the Tamil Nadu government filed a special leave petition before the Supreme Court on Thursday.
Earlier, a division bench at the Madurai bench of the Madras High Court said the temple management/devasthanam should have complied with Justice GR Swaminathan’s direction to allow petitioners to light the lamp at Deepathoon at 6 pm on Wednesday.
The single judge had on December 1 directed the Arulmighu Subramaniya Swamy Temple management to light the lamp at 6 pm on December 3. When the police prevented the Hindu outfits that came to the hill – where there is also a Dargah - a contempt petition was moved. The judge then directed the CISF commandant to extend protection to the petitioner to light the lamp. However, the district administration promulgated prohibitory orders and prevented it.
When the appeal came before it on Thursday, the State opposed the directions, listing out several legal lacunae in the original order and also in the order on the contempt petition, including the deployment of central forces.
However, the division bench comprising Justice G Jayachandran and Justice KK Ramakrishnan rejected the arguments. It said CISF cover was provided only because the State police refused to comply with the court direction on giving protection to petitioners to light the lamp. If the State machinery disobeys the court order, the court cannot stand helpless, it said.
The order in contempt petition passed on December 3 did not modify the December 1 order, but only changed the person who was supposed to discharge the responsibility of lighting the lamp. "Therefore, the court finds this appeal filed with ulterior motive to preempt contempt action,” the bench said.
The legal wrangle is far from over, as the police did not allow the petitioners to light the lamp, stating that the State government has initiated measures to challenge the dismissal order. Meanwhile, many, including BJP State president Nainar Nagenthran, were arrested for attempting to climb the hill to reach the temple.
