Madras High Court allows hilltop lamp ritual, Tamil Nadu approaches Supreme Court

Key Highlights

• When this order was not implemented, the single-judge issued another order on December 3 permitting devotees themselves to light the lamp and directed the Central Industrial Security Force (CISF) attached to the Madurai Bench to provide them protection. This prompted the District Collector and the City Police Commissioner to file a letters patent appeal. A Division Bench comprising Justices G Jayachandran and KK Ramakrishnan dismissed the appeal, observing that the State machinery had “wilfully decided” not to implement the earlier directions.“The learned Single Judge, having found that the State machinery willfully decided not to implement the direction citing pendency of the unnumbered appeal, called upon the assistance of CISF for enforcing the directions.
• The situation has arisen in which the State Police [is] unable to carry the constitution mandate.
• There is no illegality in taking the assistance of the central force,” the Bench said. The judges also remarked that the appeal appeared to have been filed with an ulterior motive, “to preempt contempt action.”The court noted that the Deepathoon lies on temple land, based on historical rights established by the Privy Council, which granted the Dargah rights only over the topmost peak, Nellithope area, and the flight of steps leading to the shrine. The Bench took exception to a prohibitory order later issued by the District Collector preventing devotees, including the petitioner, from reaching the hilltop despite the court’s explicit permission. The judges said the question whether such an executive order could override a judicial directive under Article 226 would have to be decided at a later stage. With the appeal dismissed, the Division Bench left it to the single-judge to consider whether contempt proceedings are warranted against government officials. advertisementDespite the court order, the state did not allow devotees to light the lamp.
• BJP state chief Nainar Nagendran and other leaders were detained by police during protests.‘HINDUTVA FORCES ENTERING STATE’Reacting to the court order, State Law Minister Raghupathy alleged that “Hindutva forces want to somehow set foot in Tamil Nadu and are looking for something.”He said Karthigai Deepam is “specifically for a Tamil God and is not a festival of Hindus across India but a Thamizhar festival.”He added that “Thamizhar all over the world celebrate Karthigai Deepam and Hindutva has nothing to do with this,” and claimed that “now suddenly they have created an issue in Thirupparankundram over Karthigai Deepam.”Raghupathy furthe.