The Madras High Court clarified that the contempt proceedings initiated in connection with the dispute regarding the lighting of the Karthigai Deepam at the deepathoon on the Thiruparankundram hill were not political in nature. The court stated that the purpose of the proceedings was solely to ensure that judicial orders were respected and implemented. These observations were made during the hearing of contempt petitions concerning the alleged failure of authorities to comply with earlier directions issued by the court regarding the ceremonial lighting of the lamp at the specified location.
During the hearing, the court addressed arguments made by the petitioners who suggested that authorities were attempting to delay the matter in order to avoid implementing the court’s order and to prevent any impact on the government’s image ahead of elections. Responding to these submissions, the court stated that electoral considerations had no relevance to the proceedings before it. The judge remarked that elections would not affect the authority of the court’s directions and reiterated that the proceedings were intended only to ensure compliance with judicial orders. The court emphasized that the matter was not political from the perspective of the judiciary and that its focus remained on ensuring that its orders were respected.
The dispute relates to the lighting of the Karthigai Deepam at the deepathoon, which is a stone pillar located on the Thiruparankundram hill. Earlier, the court had issued a direction that the ceremonial lighting of the lamp should take place at this location. The contempt proceedings were initiated after allegations were raised that the authorities had failed to comply with the court’s directions regarding the conduct of the ceremony at the specified site.
In an earlier stage of the proceedings, the court had suggested a possible arrangement that could allow the ceremony to be conducted while addressing concerns about practical difficulties. The court proposed that five individuals identified by the court could be permitted to go to the lower peak of the hill where the deepathoon is situated. According to the proposal, these individuals would be allowed to offer symbolic prayers at the location for a short duration of approximately fifteen minutes. The court directed the concerned parties to obtain instructions from the authorities regarding this proposal and return to the court with their responses.
When the matter was taken up again, the counsel appearing for the District Collector requested that the authorities be given additional time to consider the suggestion made by the court. The counsel submitted that the authorities held the court’s orders in high regard and required time to deliberate on the proposal before communicating their response. The court indicated that it was willing to grant time for this purpose but also made certain observations regarding the role of the temple board in the matter.
While considering the issue of compliance with the earlier order, the court observed that it might consider suo motu impleading the temple board as a party to the contempt proceedings. The judge indicated that charges could be framed against the temple board for its alleged failure to comply with the earlier directions regarding the lighting of the lamp. This observation was made in the context of the ongoing discussion regarding the delay in implementing the court’s order.
In response to this observation, counsel appearing on behalf of the temple authorities explained the circumstances that had contributed to the delay. It was submitted that the temple board had been considering the possibility of filing an appeal against the earlier order passed by the single judge. According to the submission made before the court, temple functionaries known as Sthanikars had expressed the view that lighting the lamp at a different location would be contrary to the requirements of agama shastra. Because of these concerns, the temple board had been deliberating on whether to challenge the earlier order before a higher forum.
The counsel further submitted that merely considering the filing of an appeal should not be treated as an act of contempt of court. It was argued that the temple authorities had been examining the legal and religious aspects of the matter and that such deliberation should not be interpreted as non-compliance with the court’s directions. The counsel therefore requested the court to reconsider the suggestion of initiating suo motu contempt proceedings against the temple board and sought two weeks’ time for the authorities to deliberate on the matter and decide on the course of action.
After hearing the submissions, the court decided to grant the authorities one week’s time to deliberate and return with their response regarding the suggestion made earlier by the court. During the course of the hearing, the court also made an additional observation concerning the proposed arrangement for the lighting of the lamp. The judge stated that apart from the five individuals identified by the court, the original writ petitioners should also be allowed to accompany them to the location for the purpose of lighting the ceremonial lamp.
The court explained that the petitioners had been actively involved in pursuing the matter through legal proceedings and had sought the implementation of the court’s order regarding the lighting of the lamp at the deepathoon. In view of their role in bringing the issue before the court, the judge observed that the petitioners should be permitted to participate in the ceremonial lighting of the lamp along with the individuals designated by the court.
During the hearing, arguments were also advanced on behalf of the police authorities regarding the maintainability of the contempt proceedings. The counsel appearing for the police authorities submitted that the contempt petition was no longer maintainable because the earlier order passed by the single judge had merged with the order of the division bench after the matter was considered in appeal. According to the submission, once the division bench passed its order, the doctrine of merger applied and the single judge’s order ceased to exist independently.
The counsel argued that because of this doctrine of merger, the contempt proceedings based on the earlier order could not continue. It was further submitted that the division bench had affirmed the single judge’s order while also modifying certain aspects of it, and therefore the earlier order had effectively been replaced by the decision of the division bench.
The counsel also contended that the division bench had directed that the lighting of the lamp should commence from the following year. On this basis, it was argued that there was no immediate requirement for the authorities to carry out the ceremony at the present time. According to the submission made before the court, since the division bench had stated that the lighting should take place from the next year, the authorities were not under any present obligation to conduct the ceremony.
Based on these arguments, the counsel submitted that there was nothing further to be pursued in the contempt proceedings. It was contended that the matter had effectively been addressed by the appellate order of the division bench and therefore the contempt petition should not proceed further.
The case continued to involve the examination of allegations that the earlier directions of the court regarding the lighting of the Karthigai Deepam at the deepathoon had not been complied with. The court considered the various submissions made by the parties, including the explanations provided by the authorities and the legal arguments regarding the effect of the appellate order.
Throughout the proceedings, the court reiterated that the purpose of the contempt proceedings was not connected with political considerations. The judge emphasized that the court’s concern was limited to ensuring that judicial orders were implemented and respected. The court clarified that the proceedings were aimed at upholding the authority of the judiciary and ensuring compliance with its directions.
The matter remained under consideration while the authorities were given time to deliberate on the court’s proposal regarding the arrangement for lighting the ceremonial lamp. The court directed the parties to return with their responses after considering the suggestions made during the hearing. The case therefore continued to focus on finding a manner in which the earlier court directions regarding the lighting of the Karthigai Deepam at the deepathoon on the Thiruparankundram hill could be implemented while addressing the concerns raised by the authorities and temple officials.
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