Karthigai Deepam lamp row: Oppn moves impeachment motion against Justice Swaminathan - what's the controversy?

Madras High Court Justice GR Swaminathan.

Opposition leaders, led by the Dravida Munnetra Kazhagam (DMK), on Tuesday move an impeachment motion in the Lok Sabha against Madras High Court Justice GR Swaminathan over his judgment on the contentious issue of the lighting of the Karthigai Deepam lamp atop Madurai’s Thiruparankundram hill.

The signatories (107) include DMK leaders TR Baalu, A Raja, Kanimozhi and Dayanidhi Maran, Samajwadi Party leaders Akhilesh Yadav and Dimple Yadav, Congress leaders Priyanka Gandhi Vadra, Gaurav Gogoi and Manickam Tagore, NCPSP's Supriya Sule, Shiv Sena's (UBT) Arvind Sawant, IUML's ET Muhammed Basheer, AIMIM's Asaduddin Owaisi, VCK's Thol. Thirumavalavan, etc, according to a report by the Live Law.

What is Karthigai Deepam lamp row?

On December 1, Justice Swaminathan’s directed the Subramaniya Swamy temple authorities in Tamil Nadu to ensure that a lamp is lit at the deepathoon (pillar) in Madurai district had sparked a massive political row. The site is contested by Hindu temple authorities and an adjoining dargah.

A single-judge bench of Justice Swaminathan had held that the Arulmighu Subramania Swamy temple was duty-bound to light the lamp at the deepathoon. The stone lamp pillar is located on the Thiruparankundram hillock near a dargah in Tamil Nadu.

The bench said that doing so would not encroach upon the rights of the adjacent dargah or the Muslim community.

Then on December 3, when the order remained unimplemented, the bench passed another order permitting devotees themselves to light the lamp and directed the Central Industrial Security Force (CISF) to ensure their protection.

This order then led the DMK-led state government to move to the Supreme Court.

Issue rocks Parliament

The issue rocked the Lok Sabha last Friday with DMK MP TR Baalu accusing the BJP of trying to "ignite" communal tensions in Tamil Nadu and Union minister L Murugan hitting back at the Tamil Nadu government for "denying the right to worship".

Left parties have alleged that there are attempts to whip up communal tensions in Tamil Nadu by manufacturing a controversy around the religious sites situated on the Tirupparankundram Hill in the Madurai district.

"The Left parties strongly condemn the attempts by the BJP and other Hindutva communal forces to whip up communal tensions in Tamil Nadu by manufacturing a controversy around the religious sites situated on Thiruparankundram Hill in Madurai district, with a sinister eye on political gain," the statement read.

Impeachment sought on what grounds?

The motion seeks impeachment of Justice Swaminathan on grounds of "misconduct". It states that the judge's conduct raises questions about his impartiality, transparency and secular functioning. It further alleges "favoritism" on the part of the judge towards a senior advocate and advocates from a particular community, Live Law reported.

The signatories also seek removal of Justice Swaminathan on the ground of deciding cases based on a "particular political ideology" and against secular principles of the Constitution.