Tamil Nadu: Madras HC summons ADGP, Chief Secretary in Karthigai Deepam row

The Madras High Court single bench on December 9 summoned the presence of Tamil Nadu Chief Secretary N. Muruganandam and ADGP (Law and Order) S. Davidson Devasirvatham on December 17 through video conferencing before the court.

Justice G. R. Swaminathan of the Madurai Bench of the Madras High Court, against whom the DMK and its allies have sought impeachment over his orders on lighting the lamp at the Thiruparankundram hill on Karthigai Deepam day, heard the contempt petition filed by Rama Ravikumar against District Collector K. J. Praveen Kumar, J. Loganathan, CoP, Madurai, Yagna Narayanan, EO, and the Union Home Secretary (suo motu impleaded) in court. “I notice a definite pattern. I am certain that officials at the district level would not dare so brazenly to defy the orders of this Court,” the judge added.

In his 17-page order dated December 9, the Judge said, “The temple management made it clear that they would not abide by the order of this Court. The writ petitioner was allowed to go up the hill and light the lamp. The CISF personnel attached to the Madurai Bench of the Madras High Court were directed to escort the petitioner and offer protection. J. Loganathan, IPS, Commissioner of Police, Madurai City, and the entire police force assembled in the vicinity of the temple physically stopped the writ petitioner and their associates from carrying out the Court’s order. The stand of the police was that, in view of the promulgation of the order dated 03.12.2025 under Section 163 of BNSS, 2023 by the District Magistrate and District Collector, Madurai (K. J. Praveen Kumar, IAS), the order of this Court could not be enforced.”

When the matter was taken up on December 4, the petitioner was once again permitted to go up the hill to light the lamp at the Deepathoon with his associates and other petitioners numbering ten. Once again, the order of this Court was not complied with. Instead of J. Loganathan, CoP, Madurai City, A. G. Inigo Divyan, the Deputy Commissioner of Police, Madurai South, took centre stage. He made it clear that he would not permit the petitioners to go up the hill. “A sub-application is allowed and statutory notice is directed to be issued to A. G. Inigo Divyan.”

The Court said, “Today (December 9), when the matter was taken up for hearing, the Deputy Commandant, CISF contingent attached to this Court, submitted a report to the effect that the Police Commissioner, accompanied by more than 200 police personnel, stopped the CISF contingent from proceeding further. One reason assigned by the Police Commissioner was that the order of this Court did not bear the signature of the Judge. A further stand was taken that, in view of the prohibitory order issued by the District Magistrate, no person could be allowed to go up the hill. At least on 03.12.2025, the State Police had the excuse of taking shelter behind the prohibitory order passed by the District Magistrate on the same day. But the Police had no defence whatsoever for refusing to enforce the order of this Court on the next day. The prohibitory order had been quashed and the order was dictated in the presence of the Police Commissioner.”

Justice Swaminathan said, “Vikas Singh, Senior Counsel, voluntarily responded that the State does not want to raise the same issue in different fora and that he may even withdraw the SLP. I therefore conclude that, as of this moment, the Supreme Court is not seized of the issue.”

The Court said, “Though this contempt petition pertains to the disobedience exhibited by the District Administration and the Commissioner of Police on two occasions, I cannot lose sight of the larger reality. I had passed an order on November 26 this year for the reinstallation of the Murugan statue on Mayiladum Parai in Kanyakumari district. Even roofing cannot be put. Another instance has to be recorded. Perumalkovilpatti is a village in Dindigul district. Christians are in a majority in that village. They have been preventing the Hindu community from celebrating Karthigai Deepam at a tiny site located in the vicinity of the local Kaliamman Temple.”

The Judge said, “I notice a definite pattern. I am certain that officials at the district level would not dare to so brazenly defy the orders of this Court. Let me remind the officials concerned that their duty is to enforce the law and not go by dictates that are often issued orally. While the order of any administrative superior has to be complied with, this obligation does not extend to illegal orders. I have already ordered notice in the contempt petition. It is beyond dispute that the order of this Court has been breached repeatedly. Such a breach would acquire a contumacious character only if it is wilful. The officials concerned may have to explain why they behaved in the manner they did. But since such conduct is not confined to one district, I have to necessarily call upon the highest officers of the State to clarify the position. I would want to know from them if they propose to issue any circular or instructions for the guidance of the district-level officers. I direct the Chief Secretary, Government of Tamil Nadu, and the Additional Director General of Police, Law and Order, Chennai, to appear before this Court through VC on 17.12.2025 at 03.00 p.m.”