Madras High Court stays release of ‘scandalous’ book targeting Justice GR Swaminathan, initiates contempt proceedings

Ordering an interim stay on the release and circulation of a Tamil book allegedly targeting Justice GR Swaminathan, the First Bench of the Madras High Court on Tuesday termed its title and caricature as “abusive, derogatory and highly contemptuous” and initiated contempt proceedings against the publisher, Keezhaikaatru Publications.

The Bench, comprising Chief Justice MM Shrivastava and Justice G. Arul Murugan, took suo motu cognisance of the matter and observed that the proposed launch of the book at the 49th Chennai Book Fair, scheduled for January 8 (Thursday), tended to directly scandalise the judiciary and crossed all limits of fair criticism.

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The book pertains to the Thiruparankundram Deepam issue and the role of Justice GR Swaminathan of the Madurai Bench. It allegedly portrays the judge as an RSS pracharak. However, even before the Court’s intervention, the publishing house, owing allegiance to the Marxist and Periyarist school of thought—while acknowledging demand for the book priced at ₹30, announced to its clientele and readers that it would neither release nor sell the book at the Book Fair, following advice from the organisers, the Booksellers and Publishers Association of South India.

Recording the submissions of counsel, the Bench noted: “The title of the e-book is being circulated online and on social media, which has been placed on record. The pictorial representation, caricature and the expressions used are not only derogatory but virtually abusive. The pictorial representation directly bears the name of a sitting judge of this High Court. The title of the book is apparently derogatory and abusive, highly contemptuous, as it tends to scandalise the Court and erode public confidence in the judicial system, crossing all limits.”

The Court directed the authorities to ensure that no such book, statement or caricature that scandalises the Court or a judge is published or circulated.

Initiating suo motu contempt proceedings, the Bench issued urgent notices, including private notices, to the respondents and posted the matter for further hearing on January 22. In the case of the publishing house, the notices are to be served at the stall allotted to it at the Chennai Book Fair.

Justice Swaminathan has been facing criticism from certain sections not only for his verdict in the Thiruparankundram Deepam issue but also for a series of other judgments. In the Deepam dispute, he had ordered the lighting of a deepam at a stone pillar near the Sikkandar Dargah atop the Thiruparankundram hillock, which was claimed to be a deepathoon.

The order was not complied with, nor was a subsequent order passed in a contempt petition. On January 6, a Division Bench upheld the order permitting the lighting of the deepam at the contentious stone pillar. The Tamil Nadu government has stated that it will challenge the decision in the Supreme Court.

Meanwhile, DMK and other INDIA bloc MPs, led by Kanimozhi, Priyanka Gandhi Vadra and Akhilesh Yadav, have given notice for an impeachment motion against Justice Swaminathan.