NEW DELHI: Over 100 opposition MPs from Lok Sabha on Tuesday submitted to Speaker Om Birla a notice to move a motion for the removal of Madras high court's Justice GR Swaminathan, whose order allowing lighting of a traditional lamp at a stone pillar near a dargah, atop a hillock in Tamil Nadu has drawn criticism from the DMK-led state govt.
As many as 107 MPs, including those from Congress, DMK and Samajwadi Party, signed the application which accuses Justice Swaminathan of misconduct, saying his functioning has raised questions over "impartiality, transparency and secular nature" of the judiciary.
One of the grounds cited in the notice by the opposition against the Madras HC judge is "deciding cases on the basis of particular political ideology and against secular principles of Indian Constitution".
DMK MP Kanimozhi handed over the notice to Birla. She was joined by Priyanka Gandhi and Gaurav Gogoi of Congress and Akhilesh Yadav of SP, among others.
Oppn accuses Madras HC judge of showing 'undue favouritism'
The judge is also accused of showing "undue favouritism" to a senior advocate and lawyers from a particular community. Supriya Sule of NCP(SP) and Asaduddin Owaisi of AIMIM were also among the signatories.
At least 100 MPs are required to support a motion to remove a judge, and it is now for Birla to study the grounds on which they have sought the motion for his removal and verify the signatories before he decides on admitting the notice.
The judgment has sparked a political row, with DMK raising the issue in Lok Sabha last week. Party MP TR Baalu accused BJP of trying to spark communal tensions in the state, where elections are due in a few months. Union minister and BJP MP L Murugan had hit back, accusing the state govt of denying devotees their right to worship.
Baalu's criticism of Justice Swaminathan in Lok Sabha for owing allegiance to a "particular ideology" had drawn a sharp response from govt, with Union minister Kiren Rijiju emphasising that he cannot cast aspersions on the judiciary.
Hearing a plea, Justice GR Swaminathan had on Dec 1 held that Arulmighu Subramania Swamy temple was duty-bound to light the lamp at the 'deepathoon', a stone lamp pillar located on the Thiruparankundram hillock close to the dargah.
When authorities did not allow it, the single bench passed another order on Dec 3 permitting devotees themselves to light the lamp and directed Central Industrial Security Force to ensure their protection.
However, the state govt did not implement the order and has moved Supreme Court challenging the verdict. The Madurai bench of the high court had last week dismissed an appeal filed by Madurai district collector and city police commissioner.
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