Supreme Court Seeks TN Govt Response On Plea Seeking Action Against Protests Targeting Justice GR Swaminathan

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.

Appearing in person, Mani submitted that several representations have been made to the Tamil Nadu police regarding the protests taking place outside the Madras and Madurai benches of the High Court. He has 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. However, Justice Kumar said that the Court will not issue notice on emotive arguments. The bench then asked for the Tamil Nadu State Counsel, Advocate Sabarish Subramanian, to appear so that the Court can assess the present situation.

Subramaniam submitted that the Tamil Nadu police have taken action on the representation made by Mani. Mani had alleged defamatory news reports and posts targeting Justice Swaminathan are being circulated through media outlets and social media platforms.

He 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, Mani claimed. Aggrieved due to the lack of response, he has approached the Supreme Court for appropriate directions.

Subramaniam added Commissioner of Police, Chennai, has sent communication to the service providers to preserve the URLs of the links that are alleged to have circulated defamatory content against the Judge. This also includes the details of the persons who are alleged to have been engaged in the circulation of the content.

Justice Kumar asked the counsel to file a status report. It ordered: "Issue notice. Learned standing counsel for State of Tamil Nadu accepts notice and is permitted to file status report in regards to steps taken pursuant to representation on 6.12.25 and 8.12.25, if any."

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, 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 were passed in the contempt petition to quash the prohibitory order under Section 144 CrPC and to direct the state's Chief Secretary and Additional Director General of Police (L&O) to appear.

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.

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

The bench will now hear the matter on Monday.

Case Details: G.S. MANI v. GOVERNMENT OF TAMIL NADU & Ors|WP(C) 536/2025