The Madras High Court on Tuesday directed the Tamil Nadu Chief Secretary and the Additional Director General of Police (ADGP) to appear virtually on December 17 in the contempt petition hearing in the Thiruparankundram Karthigai Deepam lighting case.
The Thiruparankundram hill in Madurai is home to the Arulmigu Subramania Swamy Temple and the Sikkandar Badhusah Dargah.
It also wanted the Union Home Ministry to be impleaded as a respondent in the case.
The case concerns demands by Hindutva outfits, including the Hindu Makkal Katchi and Hindu Munnani, to light the Karthigai Deepam on a Deepathoon (lamp pillar made of stone),15 meters away from the Hazrat Sultan Sikandar Badshah Dargah.
The order was issued by Justice GR Swaminathan while hearing a contempt plea filed over the non-implementation of his earlier directive to permit the lighting of the ceremonial lamp at the Deepathoon Pillar site on the hill during the recent Karthigai Deepam festival.
The lamp has been traditionally lit at the Uchippillaiyiar temple on the hill though Hindutva outfits contest this practice.
Controversy arose after the Tamil Nadu government, led by the DMK, declined to implement the single judge’s order, citing law and order concerns after violent confrontations between the police and Hindutva outfits at the hill.
Following this, Ram Ravikumar, founder of the Hindu Makkal Katchi, filed a contempt petition against the Madurai District Collector, the Police Commissioner and the temple’s executive officer for failing to carry out the court’s directions.
Earlier, the state government had moved the Supreme Court of India, challenging the single judge’s order. However, the appeal is yet to be taken up for hearing.
When the contempt petition came up for hearing again on Tuesday, Additional Advocate General Ravindran, along with senior advocates Veerakathiravan and Vikas Singh, appeared for the state. The government submitted that since the matter is pending before the Supreme Court, the High Court should wait for the outcome of the appeal.
The state argued that the appeal concerns the correctness of the order itself and questioned how interim compliance could be insisted upon when the legality of the direction was under challenge.
It further contended that temple-related actions cannot be mandated arbitrarily and that the issue also involved serious law and order considerations.
Rejecting the plea for adjournment on that ground, Justice Swaminathan observed that the question before the court was why the earlier order was not implemented. In his afternoon order, he directed the Tamil Nadu Chief Secretary and the ADGP to appear via video conference on December 17.
Further, the Madurai Deputy Police Commissioner was directed to file a detailed explanation on the steps taken and the reasons for non-compliance with the original court order.
The case is expected to come up for further hearing next week.
