The Madras High Court has delivered a stern rebuke to the Tamil Nadu government, accusing it of using 'law and order as a fig leaf' to justify its failure in implementing judicial orders. The court stated that such an attitude is both unacceptable and inexcusable, warning that it could lead to a paralysis of constitutional machinery.
Judge Expresses Frustration Over Repeated Disregard
Justice G R Swaminathan voiced his deep frustration during contempt of court proceedings related to his orders on the lighting of the Karthigai Dheepam atop the Thiruparankundram hills in Madurai district. 'I am tired,' Justice Swaminathan remarked, questioning how many times he must haul up officers for contempt.
The judge was responding to submissions made by Chief Secretary N Muruganandam, who appeared via video-conference. The Chief Secretary, reading from a prepared text, stated that while the government holds the judiciary in high regard, it must consider law and order issues when implementing court orders. Justice Swaminathan firmly rejected this justification.
Court's Clear Stand on Judicial Authority
'When a court has issued an order, unless it has been stayed or set aside by a higher forum, it has to be obeyed,' Justice Swaminathan asserted. He clarified that while the court can conceive of situations where an order might be genuinely difficult to implement, citing potential law and order problems is not a valid ground for flouting it.
The judge emphasized that using law and order as an excuse would itself signify a breakdown of law and order. He warned that such a stance by the executive could cripple the constitutional framework designed to uphold the rule of law.
Case of the Unstoppable Church Construction
Justice Swaminathan highlighted another glaring example of this disregard. He referred to his own order staying the construction of a church in Alamarathupatti village in Dindigul district. Despite a clear injunction from the court, the construction work continued unabated.
A contempt petition was filed in this matter. The local tahsildar submitted a report stating that enforcing the court's injunction was meeting with resistance on the ground, and thus, due to law and order concerns, they were unable to act. 'The authorities appear to be afraid to even touch the building,' the judge observed, adding that one must draw an adverse conclusion from their hesitation. He reiterated that law and order appears to be a 'convenient fig leaf' for inaction.
Officials Directed to Appear, Case Adjourned
In the Thiruparankundram case, the court has directed the Chief Secretary to clarify whether the District Collectors of Madurai and Dindigul passed prohibitory orders under Section 163 of the BNSS, 2023 on their own or based on instructions. The judge expects a responsible answer.
As per the court's earlier direction, Chief Secretary N Muruganandam and Additional Director-General of Police (Law & Order) S Davidson Devasirvatham appeared via video-conference. Madurai District Collector K J Praveen Kumar and Madurai City Commissioner of Police J Loganathan were physically present in court.
The judge has adjourned the case to January 9, 2026, and has not dispensed with the requirement for these senior officers to appear before the court again on the next date of hearing.
