Lamp lighting dispute at Tamil Nadu hill shrine reaches Supreme Court

An appeal has been filed before the Supreme Court by Tamil Nadu authorities challenging the Madras High Court's recent decision to allow devotees of the Arulmigu Subramania Swamy temple to light the Karthigai deepam lamp (to mark the Hindu festival of lights) on the deepathon (stone lamp pillar) atop the lower of the two peaks of the sacred Thiruparankundram hillock [KJ Praveenkumar and anr v. Rama Ravikumar and anr].

The appeal has been filed by the District Collector and Police Commissioner of Madurai district.

The matter was mentioned this morning before a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi.

Opposing the appeal, the counsel representing temple devotees said,

"State of Tamil Nadu just wants to make a drama here and tell the (Madras) High Court that we have mentioned here."

"We are just mentioning," the State authorities' counsel replied.

"We will see," said CJI Kant.

The hillock in focus houses both a Muslim dargah, namely the  Sikkandar Badhusha Dargha, as well as the Arulmigu Subramania Swamy.

Devotees of the temple had earlier moved the Madurai Bench of the Madras High Court seeking directions so that the Karthigai deepam is lit on the deepathoon atop one of the hillock's summits.

On December 1, Justice GR Swaminathan held that the temple is obliged to light this lamp at the deepathoon in addition to lighting the lamp at an existing site near the Uchi Pillaiyar Mandapam.

The single-judge observed that going by a Privy Council ruling from the 1920s, the dargah management only had rights over three areas of the hillock - the topmost peak where the shrine/ dargah is located, the area known as Nellithope, and the flight of steps leading to the dargah.

The remaining areas of the hillock, including the area where the deepathon stood (the lower peak of the hillock), belongs to the Hindu temple, the Court noted.

The single-judge concluded that the light of the lamp at the deepathon would not violate the rights of the nearby dargah or Muslims in any way.

"On the other hand, if the lamp is not lit at Deepathoon, there is always a possibility that the rights of the temple may be jeopardised," Justice Swaminathan added.

He also criticised the temple management for not being vigilant about protecting its rights and leaving it to temple devotees to take up such causes.

Justice Swaminathan further ordered the district authorities to ensure that no one obstructs the lighting of the lamp at the deepathon.

Later, the judge found that this order was not complied with. Therefore, on December 3, the single-judge passed another order permitting devotees themselves to light the lamp.

He also ordered that the petitioners and other devotees be given protection by the Central Industrial Security Force (CISF) attached to the Madurai Bench of the High Court.

This December 3 ruling was challenged by the District Collector and the City Police Commissioner first before a Division Bench of the High Court, which dismissed the appeal yesterday.

The Bench of Justices G Jayachandran and KK Ramakrishnan observed that there was no illegality in ordering CISF protection when the single-judge found that the State machinery had wilfully decided not to implement the directions in the December 1 order.

The district authorities have now moved the Supreme Court challenging these orders.

The contempt petition filed by devotees over non-compliance with the single-judge order is pending before the High Court.

[Live Coverage]