New Delhi: A two-judge bench of the Madras High Court upheld an order passed by Justice G.R. Swaminathan, allowing the lighting of the traditional lamp at the ‘Deepathoon’ pillar of the Subramaniya Swamy Temple at Thirupparankundram hill. The pillar is located on a peak near a dargah on the hill.
The order was passed Tuesday by a bench comprising Justices G. Jayachandran and K.K. Ramakrishnan, rejecting the appeals filed by state authorities, Tamil Nadu Waqf Board, and Hazarath Sultan Sikkandar Badhusha Avuliya Dargah, among others.
“It is ridiculous and hard to believe the fear of the mighty State that by allowing representatives of the Devasthanam to light the lamp at the stone pillar near top of the hill located within its territory of Devasthanam land, on a particular day in a year, will cause disturbance to public peace,” the judgment says.
“Of course, it may happen only if such disturbance is sponsored by the State itself. We pray no State should stoop to that level to achieve their political agenda.”
The judges asserted that the apprehension of law and order was an “imaginary ghost created by them (state authorities) for their convenience to put one community against the other under suspicion”.
The district administration, the HC said, should have taken the issue as an opportunity to bridge the gap between the communities through peaceful and meaningful mediation.
The Archeological Survey of India (ASI) can be consulted for this purpose, it added, saying, “In addition to the prohibitions and restrictions as found in Ancient Monument and Archaeological Sites and Remains Acts and Rules, ASI shall impose conditions appropriate and necessary to preserve the monuments in the hill.”
The Thirupparankundram hill houses both the Subramaniya Swamy temple and a dargah. While the dispute has been simmering for months now, the latest controversy erupted when the devotees approached the court demanding they be allowed to light the Deepam at the Deepathoon, which is closer to the dargah, rather than at the traditional spot at the temple.
On 1 December, the court allowed this plea to allow devotees to carry out the ceremony at Deepathoon.
Madurai authorities had refused to implement the order citing law-and-order concerns, leading to protests by pro-Hindu groups in the area.
On 3 December, devotees then approached the high court, complaining about the Madurai officials having made no arrangements for implementation of the order. A contempt of court case is pending before Justice Swaminathan.
Meanwhile, the state authorities and the dargah filed appeals challenging Justice Swaminathan’s order.
The issue blew up after over 100 INDIA bloc MPs, led by Kanimozhi of the Dravida Munnetra Kazhagam (DMK), moved a motion before Lok Sabha Speaker Om Birla, seeking Justice Swaminathan’s impeachment, saying his conduct “raises serious questions regarding impartiality, transparency, and the secular functioning of the judiciary”. However, the impeachment motion did not mention this order passed by him.
(Edited by Tony Rai)
Also Read: Karthigai Deepam row: What’s the controversy over lighting a lamp on a Madurai hilltop?