Former Madhya Pradesh High Court judge KK Trivedi stated that the Opposition’s move to impeach Madras High Court judge Justice G R Swaminathan is either politically motivated or intended to influence a favorable ruling. He warned that such actions undermine judicial independence and credibility.
Former Madhya Pradesh High Court judge KK Trivedi asserted that the Opposition parties’ initiative to pursue the impeachment of Madras High Court judge Justice G R Swaminathan is either politically motivated or an effort to exert pressure for a favorable ruling.
This comes as several Opposition MPs, spearheaded by the DMK, submitted a notice to Lok Sabha Speaker Om Birla proposing a motion for the removal of Justice Swaminathan.
The controversy began after the judge issued an order mandating the Subramania Swamy temple authorities in Tamil Nadu’s Madurai district to ensure that a lamp is lit at the ‘deepathoon’ (pillar).
Earlier, On December 1, Justice Swaminathan ruled that the Arulmighu Subramania Swamy Temple was required to light the lamp at the Deepathoon, in addition to the traditional lighting at the Uchi Pillaiyar Mandapam.
The single-judge bench clarified that this action would not infringe upon the rights of the adjacent dargah or the Muslim community.
After the initial order went unheeded, the judge issued a subsequent directive on December 3, allowing devotees to light the lamp and instructing the Central Industrial Security Force (CISF) to ensure their safety. The Tamil Nadu government has since approached the Supreme Court regarding the High Court’s ruling.
The order ignited significant controversy, prompting several Opposition MPs, led by the DMK, to submit an impeachment notice on December 9.
Earlier, On Friday, 56 former judges from the Supreme Court and various high courts released a statement condemning the DMK’s attempt to impeach Justice Swaminathan, labeling it a “brazen attempt to browbeat judges.”
Justice Trivedi, who signed the statement, told media,
“We all agree that the manner in which this move (by Opposition parties) has been is completely wrong, especially when the matter in question is still pending before the court,”
He emphasized,
“Either this action has been taken solely for political purposes, or it is an attempt to pressure the judge into a decision in favour of a particular side. Both situations are unacceptable under any circumstances, as they seriously damage the reputation of the judiciary, the Indian judicial system, and undermine public confidence,”
Trivedi noted that, according to the Constitution, a motion to remove a judge can only be initiated based on proven misconduct or incapacity.
He questioned,
“How can an impeachment motion be brought based on grounds that are not legally permissible?”
Encouraging individuals to reflect before accusing others, former Justice Trivedi remarked,
“This entire process appears to be an attempt to interfere with the judicial process and could also be seen as an attempt to exert pressure on the judge,”
He asked,
“Are those who initiated this (impeachment motion notice) clean in every way? If not, where does the moral right lie to take such action?”
The BJP, on Saturday, claimed that the Opposition parties’ stance regarding the lighting of a traditional lamp at a hilltop temple near Madurai in Tamil Nadu constitutes not just vote-bank politics but also a “structural nefarious attack” on the “basic identity” of India.
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