The Madras High Court on Wednesday stayed the release of a book allegedly targeting Justice GR Swaminathan, observing that it was “highly derogatory” and “virtually abusive”, Bar and Bench reported.
A bench of Chief Justice Manindra Mohan Srivastava and Justice Arul Murugan passed the order on an urgent petition seeking an injunction against the release of the book Thiruparankundram issue: Is Justice GR Swaminathan a judge or an RSS rowdy? at the Chennai Book Fair on Thursday, The New Indian Express reported.
The Rashtriya Swayamsevak Sangh is the parent organisation of the ruling Bharatiya Janata Party at the Centre.
The court also initiated suo motu contempt proceedings against Keezhaikaatru Publishers, which published the book, and directed the police to seize all copies.
The book was being released against the backdrop of Swaminathan’s order on December 1 directing the authorities of the Subramaniya Swamy temple at Thirupparankundram in Madurai to ensure that the Karthigai Deepam was lit at the deepathoon, a stone pillar, near a dargah on the top of a hill.
The judgement rejected objections by the temple authorities and the dargah management, and stated that the lighting of the lamp would not infringe on the religious rights of the Muslim community.
On Tuesday, the court upheld Swaminathan’s single-judge order allowing the lighting of the lamp at the stone pillar.
While hearing the plea against the book on Wednesday, the court said that its title and the caricatured depiction on its cover appeared intended to ridicule a sitting judge rather than offer legitimate criticism, Bar and Bench reported.
The book crosses permissible limits and raises serious concerns about undermining the dignity of the judiciary, the bench said.
It “needs to be dealt with firmly by the court”, The New Indian Express quoted the bench as saying.
While criticism of judgements is permissible, personal attacks on judges, especially using mocking visuals and language, could not be justified under the guise of free speech, the bench said. It added that scandalising a judge through publications had a direct bearing on public confidence in the judiciary.
Noting that the book was to be displayed and sold at the Chennai Book Fair, the bench held that permitting it to be released at this stage could cause irreparable harm, Bar and Bench reported.
The court directed the authorities to ensure that copies of the book were not made available online and listed the matter for further hearing after three weeks, Live Law reported.
The petitioner claimed that the book was directed against Swaminathan, alleging that its title and cover were “scandalous, abusive and derogatory”, Bar and Bench reported.
The petitioner also argued that permitting such material to be publicly displayed and sold at a large public forum such as the Chennai Book Fair would cause “serious and irreversible damage” to the credibility and institutional authority of courts.
Swaminathan’s order on December 1 in the Thirupparankundram matter had triggered a controversy.
On December 9, a group of Opposition MPs submitted an impeachment notice to Lok Sabha Speaker Om Birla against Swaminathan, saying that the judge’s recent orders and actions have been viewed as “disruptive to social harmony and detrimental to integrity of the judiciary”.
The MPs had stated that Swaminathan’s conduct had raised serious questions regarding the impartiality, transparency and secular functioning of the judiciary. They alleged that the judge had shown undue favouritism towards a senior advocate and lawyers from a particular community in deciding cases.
Also read: ‘RSS agenda, favours Brahmins’: The controversial career of a Madras HC judge under impeachment fire
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