Madras High Court Halts Release of Controversial Book Targeting Justice GR Swaminathan
Court's Intervention on Book Release
On Wednesday, the Madras High Court issued a stay on the publication of a book that allegedly disparages Justice GR Swaminathan, labeling it as “highly derogatory” and “virtually abusive,” according to reports from a legal news outlet.
A bench led by Chief Justice Manindra Mohan Srivastava and Justice Arul Murugan made this ruling in response to an urgent petition seeking to prevent the book's release at the Chennai Book Fair scheduled for Thursday. The book, titled Thiruparankundram issue: Is Justice GR Swaminathan a judge or an RSS rowdy?, has drawn significant attention.
The Rashtriya Swayamsevak Sangh, which is the ideological parent of the ruling Bharatiya Janata Party, is mentioned in the context of the book.
The court also initiated contempt proceedings against Keezhaikaatru Publishers, the book's publisher, and instructed law enforcement to confiscate all copies.
This controversy arises from Justice Swaminathan's December 1 ruling, which directed officials at the Subramaniya Swamy temple in Thirupparankundram, Madurai, to ensure that the Karthigai Deepam was lit at a specific location near a dargah on a hilltop.
In that ruling, the court dismissed objections from both the temple authorities and the dargah management, asserting that the lighting of the lamp would not violate the religious rights of the Muslim community.
On Tuesday, the court upheld Swaminathan’s earlier decision to allow the lighting of the lamp at the designated stone pillar.
During the hearing regarding the book, the court remarked that the title and the caricature on the cover seemed designed to mock a sitting judge rather than provide constructive criticism, as reported by a legal news outlet.
The bench expressed that the book exceeds acceptable boundaries and poses serious threats to the integrity of the judiciary, emphasizing the need for a firm judicial response.
While acknowledging that judicial decisions can be critiqued, the court stated that personal attacks on judges, especially those employing mocking imagery and language, cannot be justified under the pretext of free speech. It noted that such publications could undermine public trust in the judicial system.
Given that the book was set to be sold at the Chennai Book Fair, the bench concluded that allowing its release at this time could result in irreparable damage, as reported by a legal news outlet.
The court ordered authorities to ensure that the book would not be available online and scheduled the matter for further review in three weeks.
The petitioner contended that the book was aimed at discrediting Justice Swaminathan, claiming its title and cover were “scandalous, abusive, and derogatory.”
Furthermore, the petitioner argued that allowing such material to be publicly displayed at a significant event like the Chennai Book Fair would inflict “serious and irreversible damage” to the credibility and authority of the judiciary.
Justice Swaminathan's December 1 ruling had already sparked considerable debate.
On December 9, a group of Opposition MPs submitted an impeachment notice against Swaminathan to the Lok Sabha Speaker, asserting that the judge's recent actions were “disruptive to social harmony and detrimental to the integrity of the judiciary.”
The MPs claimed that Swaminathan's behavior raised significant concerns regarding the impartiality and secular nature of the judiciary, alleging favoritism towards certain advocates in his rulings.