New Delhi [India], January 28 : The Supreme Court on Wednesday issued notice to the Tamil Nadu government seeking response on a public interest litigation (PIL) plea filed against protesters allegedly making scandalous and defamatory remarks targeting High Court judge Justice GR Swaminathan over an order issued by him allowing light of the Karthigai Deepam (lamp) on the lamp pillar at the Thiruparankundram Subramaniya Swamy Hill Temple in Tamil Nadu.
A bench of Justices Aravind Kumar and PB Varale issued notice to the Tamil Nadu state authorities including the States' Chief Secretary, Home Secretary, the Director General of Police (DGP) and the Chennai police Commissioner on PIL filed by Advocate GS Mani.
The petition states that following a judicial order passed by the Madurai bench of the Madras High Court in relation to the Thiruparankundram Karthigai Deepam / Theepam lighting issue, groups identifying themselves with political parties and certain lawyer associations have reportedly conducted protests in front of the Madras & Madurai Bench of the Madras High Court and other court premises, demanding the resignation of Justice G.R. Swaminathan.
The plea further states 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 judges will have a chilling effect on judicial independence and discourage judges from discharging their duties fearlessly, it adds.
It has been that before approaching the apex court, the petitioner made written legal representations, complaints to the Tamil Nadu Chief Secretary, Home Secretary, Director General of Police and the Commissioner of Police Chennai.
As per the plea, representations were also made to the Registrar General of Madras High Court, the Additional Registrar General of Madurai Bench of the Madras High Court and the Cyber Crime Wing, on December 6 last year seeking FIR against the alleged protesters. Despite the said representations, no response has been filed, nor action has been taken till date, the plea contends.
Thus, the plea seeks appropriate directions, guidelines and enforcement measures to prevent such unlawful protests and demonstrations against courts and judges.
"Safeguard judicial independence from political and communal pressures. Ensure action against hate speech and communalization of judicial orders. Direct the State machinery to uphold public order and constitutional discipline", it adds.
During the hearing today, Advocate Sabarish Subramanian appearing for Tamil Nadu government countered the petitioners' claims by submitting that the Tamil Nadu Police had already acted on the representations submitted by petitioner GS Mani.
Subramanian further stated that the Commissioner of Police, Chennai, has written to various service providers, directing them to preserve the URLs of links allegedly used to circulate defamatory content against a Judge. The communication also seeks to secure details of the individuals purportedly involved in disseminating the content.
Subsequently, the apex court directed the Tamil Nadu government to file its response and a status report in relation to the steps taken over the representations made by the petitioner.