A petition before the Supreme Court seeks FIRs and police action over alleged hate speech, threats and unlawful protests targeting Madras High Court judge Justice G.R. Swaminathan following his Karthigai Deepam order, citing grave threats to judicial independence.
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NEW DELHI: A plea has been filed before the Supreme Court of India seeking urgent legal and police action against individuals, advocates, political party members and associations accused of making hate speeches, defamatory remarks, threats and conducting unlawful protests targeting the judiciary, particularly in relation to Justice G.R. Swaminathan of the Madurai Bench of the Madras High Court.
The petition arises amid intense controversy following Justice Swaminathan’s order in the Thiruparankundram Karthigai Deepam (Deepam) matter, wherein he permitted the lighting of the traditional ceremonial lamp atop the Thiruparankundram hill in Madurai. The site houses an ancient Hindu temple and a nearby dargah, making the issue communally sensitive.
Background: The Deepam Dispute
Justice G.R. Swaminathan, in his order, directed that the Karthigai Deepam be lit on the historic “Deepathoon” pillar by December 4, holding that the ritual would not infringe upon the religious rights of the Muslim community.
For over a century, the lamp had traditionally been lit at the Deepa Mandapam near the Uchi Pillaiyar Temple, a lower and widely accepted location. However, petitioners sought permission to light the Deepam at the ancient Deepathoon site, arguing that historical practice and temple ownership justified the request.
The order triggered widespread protests and backlash on social media and in public spaces.
Allegations of Scandalising the Judiciary
Filed by Advocate G.S. Mani, the Supreme Court plea alleges that several individuals, including persons claiming association with political parties such as the Dravida Munnetra Kazhagam (DMK) and the Communist Party of India (CPI/CPM), have circulated defamatory, abusive, derogatory and scandalous content against Justice Swaminathan across platforms such as X (formerly Twitter), Facebook, YouTube, WhatsApp and other digital forums.
According to the petitioner, the protests and online campaigns have crossed the constitutionally permissible limits of criticism and entered the realm of:
- Scandalising the judiciary
- Communalisation of judicial orders
- Interference with the administration of justice
The plea states that demonstrations were conducted in front of the Madras High Court, Madurai Bench, and other district court premises, with protestors allegedly demanding the resignation of a sitting High Court judge and attributing improper motives to a judicial decision.
The petition highlights that such acts pose a serious threat to judicial independence, which is a basic feature of the Constitution of India. It warns that allowing street protests, political pressure and social media intimidation against judges would have a chilling effect, discouraging judges from discharging their constitutional duties fearlessly.
The Supreme Court has been urged to reiterate that the only constitutionally recognised remedies against judicial orders are through appeal, review, or other lawful procedures, not public protests or intimidation campaigns.
The petitioner informed the Supreme Court that written representations and legal complaints were submitted on December 6, 2025, to multiple authorities, including:
- Chief Secretary, Tamil Nadu
- Home Secretary, Tamil Nadu
- Director General of Police, Tamil Nadu
- Commissioner of Police, Chennai
- Registrar General, Madras High Court
- Additional Registrar General, Madurai Bench
- Cyber Crime Wing
The complaints sought:
- Registration of FIRs
- Preventive action against unlawful protests near the court premises
- Action against online hate speech, threats, and intimidation
Despite the service of these representations by email and speed post, no response or action has allegedly been taken to date.
Impeachment Move Against Justice Swaminathan
In a related development, the DMK, on December 9, 2025, led a delegation of the India bloc Members of Parliament to Lok Sabha Speaker Om Birla, submitting a notice seeking the impeachment of Justice G.R. Swaminathan.
The notice, reportedly backed by 120 MPs, has been moved under Articles 217 read with Article 124 of the Constitution, which lays down the procedure for the removal of High Court and Supreme Court judges.
ALSO READ: 120 MPs Move Impeachment Against Madras HC Judge Justice GR Swaminathan Over Karthigai Deepam Verdict
In response, a group of designated senior advocates and practising lawyers from the Madurai Bench of the Madras High Court submitted a memorandum to the Lok Sabha Speaker opposing the impeachment motion.
They warned that the move could seriously undermine judicial independence and set a dangerous precedent where judicial decisions are subjected to political retaliation.
Supreme Court Intervention Sought
The petitioner has urged the Supreme Court to:
- Direct registration of FIRs against those involved in hate speech and intimidation
- Order preventive policing around the court premises
- Seek status reports from authorities
- Enforce safeguards to protect judges from harassment, threats and unlawful protests
The matter raises critical questions about freedom of speech, limits of protest, contempt of court and the constitutional separation of powers, placing judicial independence at the centre of national debate.
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