Deepam row: I.N.D.I.A. bloc MPs submit impeachment notice against Justice G R Swaminathan

New Delhi: I.N.D.I.A. bloc MPs on Tuesday submitted a notice to impeach Justice G R Swaminathan of the Madurai Bench of the Madras High Court. Swaminathan had delivered the judgement that Karthigai Deepam should be lit atop the Thiruparankundram hills near a dargah, alleging that his conduct raises "serious questions" regarding impartiality, transparency and the secular functioning of the judiciary.

The MPs, including DMK's Kanimozhi and TR Baalu and Congress' Priyanka Gandhi Vadra, submitted the notice to Lok Sabha Speaker Om Birla along with copies of letters signed by both Lok Sabha and Rajya Sabha members addressed to President Droupadi Murmu and Chief Justice of India Surya Kant.

The other MPs who met Birla included Congress Deputy Leader Gaurav Gogoi, V Vaithilingam and S Jothimani, DMK's A Raja, Samajwadi Party's Akhilesh Yadav, VCK's Thol Thirumavalavan, MDMK's Durai Vaiko and CPI(M)'s S Venkatesan.

This is the third impeachment notice against a judge in the past year. While a decision on the notice against Justice Shekhar Yadav is pending, one on Justice Yashwant Varma was admitted and a three-member panel has been constituted to investigate the charges.

The notice signed by over 100 Lok Sabha MPs claimed that the conduct of Justice Swaminathan raised "serious questions" regarding impartiality, transparency and the secular functioning of the judiciary.

It also alleged that Justice Swaminathan was showing "undue favouritism" to a particular senior advocate in deciding cases as also favouring lawyers from a particular community. He is also accused of deciding cases on the basis of particular political ideology and against the secular principles of Indian Constitution.

Justice Swaminathan had on December 1 ordered that Karthigai Deepam must be lit on the Deepathoon atop the hills near the dargah instead of the Deepa Mandapam near Uchipillaiyar temple, where the lamp was lighted for over a century.

However, HR&CE officials lit the fire at the Uchipillaiyar temple at 6 pm as per the tradition on December 3, inviting contempt of court provisions. Justice Swaminathan pulled up the DMK dispensation for breaching his order and asked CISF personnel guarding the High Court premises to accompany the petitioner with 10 people to the hills to help light the lamp.

But the light could not be lit as per the court directions with the Tamil Nadu government not permitting the move citing law and order problems. The government has also moved the Supreme Court against justice Swaminathan’s orders, which was upheld by a two-member bench on December 4.