The Supreme Court of India on Wednesday (28 January 2026) issued notice in a public interest litigation seeking action against protestors accused of making defamatory and caste- and religion-based remarks against Justice GR Swaminathan of the Madras High Court, following his judicial orders related to the lighting of Karthigai Deepam at the Thirupparankundram Subramaniya Swamy Hill Temple in Madurai.
A Bench comprising Justice Aravind Kumar and Justice P.B. Varale heard the matter and issued notice to the Chief Secretary of Tamil Nadu, the Home Secretary, the Director General of Police, and the Commissioner of Police, Chennai.
The PIL has been filed by Advocate G.S. Mani, associated with the Bharatiya Janata Party. Appearing in person, Mani alleged that protestors had made defamatory remarks targeting Justice Swaminathan with the intent to disturb social harmony and provoke law-and-order and communal unrest. He submitted that several representations had been made to the Tamil Nadu police regarding protests conducted outside the Madras and Madurai Benches of the High Court.
According to Mani, individuals affiliated with parties supporting the ruling DMK, including Communist parties, along with certain lawyers, had carried out illegal and unauthorised demonstrations in public places and repeatedly protested outside court premises. The protestors were alleged to have demanded the resignation of a sitting High Court judge and attributed improper motives to his judicial orders.
Mani further alleged that the State Government and police authorities had remained passive and failed to take action against those involved, despite complaints being submitted to the Chief Secretary, Home Secretary, Director General of Police, Commissioner of Police, Chennai, and the Registrars of the Madras High Court at both Chennai and Madurai.
However, Justice Aravind Kumar observed that the Court would not issue notice on emotive arguments alone. The Bench then asked Tamil Nadu State Counsel Advocate Sabarish Subramanian to appear to enable the Court to assess the present situation.
Subramanian informed the Court that the Tamil Nadu police had taken action on Mani’s representations. He added that the Commissioner of Police, Chennai, had sent communications to service providers directing them to preserve the URLs of links alleged to contain defamatory content against Justice Swaminathan, along with details of individuals involved in circulating such material.
Taking note of the submissions, the Bench directed the State to file a status report. The order recorded: “Issue notice. Learned standing counsel for State of Tamil Nadu accepts notice and is permitted to file status report in regards to steps taken pursuant to representation on 6.12.25 and 8.12.25, if any.”
Mani has sought directions from the Supreme Court to compel the Tamil Nadu Government and police authorities to initiate strict legal action, including criminal proceedings, against those responsible for the alleged acts.
The case arises from events following Justice Swaminathan’s order dated December 1, directing the management of Arulmighu Subramaniya Swamy Temple to light a lamp on a stone pillar atop the Thirupparankundram hill near a dargah. Subsequently, he reprimanded the State Government for obstructing the implementation of the order.
After the State failed to comply, a contempt petition was filed. On 3 December 2025, Justice Swaminathan allowed devotees to proceed to the hill and light the deepam themselves, with CISF protection. He also quashed the prohibitory order under Section 144 CrPC and directed the State’s Chief Secretary and the Additional Director General of Police (Law and Order) to appear before the Court.
The Tamil Nadu Government challenged the contempt order through a letters patent appeal, which was dismissed by a Division Bench. The State then approached the Supreme Court. Separately, opposition MPs have also moved an impeachment motion against Justice Swaminathan.
The Supreme Court is scheduled to hear the matter further on Monday, 2 February 2026.
Source: LiveLaw
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