PIL In Supreme Court Seeks Action Against Persons Spreading Defamatory Remarks Against Justice GR Swaminathan

A public interest litigation has been filed in the Supreme Court seeking actions against the protestors who allegedly spread defamatory remarks against Justice G.R. Swaminathan, Judge of the Madras High Court, subsequent to his order to light the Karthigai Deepam on the Deepa Thoon (lamp pillar) at the Thiruparankundram Subramaniya Swamy Hill Temple, Madurai.

The PIL has been filed by Advocate G.S. Mani, belonging to the Bharatiya Janata Party, alleging that caste- and religion-based defamatory remarks have been made against Justice Swaminathan, with an intention to disturb social harmony and provoke law and order and communal unrest.

It is alleged that individuals affiliated with ruling DMK-supported parties, including the Communist parties, along with certain lawyers, have carried out illegal and unauthorised protests in public places and have repeatedly staged demonstrations outside the Madras and Madurai Benches of the High Court and other court premises. The protesters are said to have demanded the resignation of a sitting judge and attributed improper motives to his judicial decisions. It is further alleged that the State Government and police authorities remained passive and failed to take action against those involved.

Mani prays for directions to the Tamil Nadu Government and police authorities to initiate strict legal action, including criminal proceedings, against the persons responsible for such acts.

It may be recalled that Justice Swaminathan, on December 1, ordered management of Arulmighu Subramaniya Swamy Temple to light a lamp at a stone pillar atop the Thirupparankundram hill near a dargah, and later reprimanded the State Government for obstructing the implementation of the order.

As the Tamil Nadu Government did not implement the orders and the situation turned volatile, Section 144 CrPC was imposed. A contempt petition was filed for non-compliance, in which Justice Swaminathan, on December 3, allowed devotees to go to the hill and light the deepam themselves with CISF protection. Orders in contempt quashing the prohibitory order under Section 144 CrPC and directing the state's Chief Secretary and Additional Director General of Police (L&O) to appear before the High Court were also passed by him.

The Tamil Nadu Government filed a letter patent appeal against the contempt order. However, it was dismissed by the division bench, pursuant to which they approached the Supreme Court.

Further, the petitioner has also stated that alleged defamatory news reports and posts targeting Justice Swaminathan are being circulated through media outlets and social media platforms.

"The petitioner submits that judges cannot be subjected to street protests, political pressure or social media intimidation for their judicial orders, as the only constitutionally recognised remedy against a judicial decision is through appeal, review or other lawful procedures. Allowing protests and campaigns against sitting judge will have a chilling effect on judicial independence and discourage judges from discharging their duties fearlessly." 

It is stated in the petition that Advocate Mani had written a complaint to the Chief Secretary of Tamil Nadu, Home Secretary, Director General of Police, Commissioner of Police, Chennai, and the Registrars of the Madras High Court at Chennai and Madurai, seeking criminal action against the protesters. However, no action was taken by the State authorities on the said complaint. Aggrieved due to the lack of response, he has approached the Supreme Court for appropriate directions.

It may be noted that opposition MPs have also moved an impeachment motion against Justice Swaminathan.

Case Details: G.S. MANI v. GOVERNMENT OF TAMIL NADU & Ors