More than 100 opposition Members of Parliament on December 9 submitted a call to Lok Sabha Speaker Om Birla to move for the impeachment of Madras High Court Judge GR Swaminathan.
DMK Parliamentary Party President Kanimozhi, leader of the party in the Lok Sabha, MP TR Baalu, Samajwadi Party leader Akhilesh Yadav and Congress chief Priyanka Gandhi Vadra, among others, handed over a notice with over 100 signatures of MPs for moving the motion to remove the judge.
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The motion seeks the impeachment of Justice Swaminathan on grounds of “misconduct”. It says the judge’s behavior raises questions about his impartiality, transparency and secular functioning, legal news website LiveLaw reports.
The notification further mentions “favoritism” by the judge towards a senior advocate and advocates from a particular community. The signatories are also seeking the removal of Justice Swaminathan for deciding cases based on a “particular political ideology” and against the secular principles of the Constitution.
Deciding cases on the basis of a particular political ideology is against the secular principles of the Indian Constitution, he added.
What started the fight?
A recent order by Justice Swaminathan, who is running the Subramaniya Swamy temple authorities in Tamil Nadu to ensure the lighting of a lamp on a deepathoon (pillar) in Madurai district sparked an argument.
The site is disputed by the Hindu temple authorities and the adjacent dargah.
In an order dated December 1, a single justice Swaminathan bench ruled that the Arulmighu Subramania Swamy temple is required to light the lamp at the deepathoon. A stone lamp post is located on the Thiruparankundram hill near the dargah in Tamil Nadu.
The bench said it would not interfere with the rights of the neighboring dargah or the Muslim community. When the order remained unimplemented, a single judge issued another order on December 3 allowing devotees to light the lamp themselves and directed the Central Industrial Security Force (CISF) to ensure their protection. This led the DMK-led state government to move the Supreme Court.
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The issue of lighting a traditional lamp at a hill temple near Madurai rocked the Lok Sabha last Friday when Baalu accused the BJP of trying to “ignite” communal tension in Tamil Nadu and Union Minister L Murugan attacked the Tamil Nadu government for “denying the right to worship”.
Left parties on Tuesday alleged that attempts are being made to whip up communal tension in Tamil Nadu by driving the controversy over religious sites at Tirupparankundram hill in Madurai district.
In a joint statement, the CPI(M), CPI, CPI(ML), RSP and AIFB condemned the attack on Madurai MP Su Venkatesan over the issue.
“Left parties strongly condemn the attempts by the BJP and other Hindutva communal forces to whip up communal tension in Tamil Nadu by creating controversy over religious sites on the Tirupparankundram hill in Madurai district with a sinister view of political gain,” the statement said.
How does notice of removal work in Lok Sabha?
A notice to remove a judge must be signed by at least 100 members in the Lok Sabha and 50 in the Rajya Sabha. The motion can either be accepted or rejected by the speaker or the chairman.
Under the Judges (Inquiry) Act, when a notice of motion is filed and received, the Speaker of the Lok Sabha appoints a committee to look into the allegations made against the judge.
The report of the investigation will be tabled in Parliament, followed by a debate in both houses, after which a vote will be taken on the motion to remove the judge.
Who is Justice Swaminathan?
Justice Swaminathan is a first generation lawyer, born in 1968. He has practiced in Chennai for over thirteen years. After setting up the Madurai Bench, he shifted his practice.
Justice Swaminathan has been standing counsel for several public sector undertakings. In 2014, he became the Assistant Attorney General for the Madurai Bench. In June 2017, he was elevated to the rank of Additional Judge of the Madras High Court and later permanently.
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Justice Swaminathan has authored several landmark judgments relating to freedom of expression, prisoners’ rights, animal rights and the rights of the differently-abled. Justice Swaminathan has authored 52,094 judgments and orders, according to the Madras High Court website.
