Vijay government moves SC against Madras HC's 'lamp lighting' ruling
What's the story
The Tamil Nadu government, led by Chief Minister C Joseph Vijay, has filed a Special Leave Petition in the Supreme Court, challenging a Madras High Court order allowing the lighting of a lamp at Thiruparankundram hill's 'Deepa Thoon' near a dargah. The high court's decision was passed by a two-judge bench on January 6 and upheld an earlier ruling from December allowing the lighting of the 'Karthigai Deepam' at the spot.
Court ruling
Madras HC's ruling
The Madras High Court had allowed the lighting of a lamp at 'Deepa Thoon' on Thiruparankundram hills, about 50 meters from a nearby Dargah. The HR&CE Department, which manages Lord Subramaniya temple, opposed this move citing no tradition of lighting lamps there. However, Justice GR Swaminathan observed that stopping the act would violate devotees' rights. He also observed that the rights of the Dargah were not affected by the act.
Legal proceedings
Contempt proceedings and subsequent orders
The state administration's refusal to permit lamp lighting had led to contempt proceedings. Justice Swaminathan ordered execution of the act with CISF protection, which was upheld by a division bench. In January, a division bench upheld Justice Swaminathan's original orders, ruling that lamp lighting wouldn't cause law and order issues.
Court's response
Court's stance on state's arguments
The high court also dismissed the state's argument that 'Deepa Thoon' was a survey stone erected by British rulers. Upholding the order passed by Justice Swaminathan, allowing the lighting of the traditional lamp, the two-judge bench of the Madras High Court in January had 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."