The Madurai Bench of the Madras High Court on Wednesday permitted a petitioner to light the Karthigai Deepam at the Deepathoon atop Thirupparankundram hill under CISF protection, after sharply criticising temple authorities for failing to comply with its earlier order.
Justice G R Swaminathan issued the direction while hearing a contempt petition filed by Rama Ravikumar of Madurai. The petitioner alleged that although the Karthigai Deepam must traditionally be lit at 6 pm, “no preparatory measure has been taken by the temple authorities for lighting the deepam even until 1 pm.”
Court Confronts Officials Over Delay
When the contempt petition was taken up around 4:30 pm, the judge directed the executive officer of the Subramaniya Swamy Temple and the Madurai city police commissioner to appear before the court through video conference. The matter was then passed over to 5 pm.
At 5 pm, Additional Advocate General J Ravindran appeared for the state and argued that the petition was “premature and deserves to be closed.” The court then passed over the hearing to 6:05 pm.
‘State Administration Has Decided to Cock a Snook’
When the case resumed, the judge noted that while the lamp at the Deepa Mandapam near Uchipillaiyar Temple had been lit at 6 pm, the Deepathoon lamp was not lit, contrary to the court’s specific directions.
“The state administration has decided to cock a snook at this court’s order,” Justice Swaminathan observed. He noted that the Dargha, “which alone could be said to be the aggrieved person,” had not filed any appeal, while the temple’s appeal had been submitted “in a defective format,” resulting in its return by the Registry. This, he remarked, “makes him wonder if it was ruse to disobey the order.”
He emphasised that unless the order was stayed by a Division Bench or the Supreme Court, it remained binding. “I had not ordered the execution of anybody. I had not ordered demolition of any building. No irreversible consequence will ensue if the order of this court is obeyed. On the other hand, defying the order of this court would send a very bad signal. It would encourage the officials to indulge in such conduct in future also. That would sound the death knell for democracy itself,” he said.
Court Invokes Broader Contempt Powers
Citing global judicial precedents on contempt, Justice Swaminathan said that courts are not restricted to issuing punishments alone, but are empowered to ensure obedience by directing that an act be carried out by another person if authorities fail to comply.
Invoking this principle, he permitted the petitioner to light the Deepam at the Deepathoon.
CISF Protection Ordered
The judge directed the Commandant of the CISF unit attached to the Madurai Bench to deploy personnel to protect the petitioner and his 10 associates while implementing the order.
The matter has been posted for reporting compliance on Thursday at 1 pm.
(Source: The New Indian Express)
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