The Madurai Bench of the Madras High Court on Tuesday upheld the order directing the lighting of Karthigai Deepam at the stone pillar (Deepathoon) atop the Thiruparankundram hills, strongly rejecting the state’s
apprehensions that the ritual could disturb public peace and communal harmony.
A Division Bench of Justices G Jayachandran and KK Ramakrishnan pronounced the verdict while disposing of a batch of appeals filed by the Executive Officer of the Thiruparankundram Murugan Temple, the Madurai District Collector and the Madurai City Police Commissioner.
The bench had reserved its judgment on December 18 after hearing detailed arguments from all parties.
The appeals arose from a December 1 order passed by single judge Justice GR Swaminathan, who had allowed a petition seeking directions to light the ceremonial lamp on the occasion of Karthigai Deepam at the hilltop stone pillar.
The order, however, was not implemented after the authorities cited possible law-and-order concerns.
Before the Division Bench, two principal questions arose for consideration, whether the stone pillar could be treated as a Deepathoon for Hindus, entitling them to light a lamp as part of the Karthigai Deepam ritual, and whether permitting the lighting of the lamp would infringe upon or affect the rights of the nearby Muslim shrine.
In its ruling, the court came down heavily on the stand taken by the state and the other appellants.
The bench observed that it was “ridiculous and hard to believe” that the “mighty state” could claim that the lighting of a lamp by the temple on temple land would lead to a disturbance of public peace.
Such a position, the court said, could not be accepted.
The judges also criticised what they termed a “mischievous submission” made during the course of arguments that the stone pillar belonged to the dargah.
The court rejected this contention outright.
Emphasising the religious practice involved, the bench noted that the practice of lighting a deepam at an elevated place so that it is visible to all Hindu devotees is well recognised.
It held that there was “no plausible reason” for the temple management to deny or delay compliance with the devotees’ request to light the lamp on the occasion of Karthigai Deepam.
On the repeated invocation of law-and-order concerns, the court made strong observations, stating that the apprehension of disturbance to public peace was “nothing but an imaginary ghost created conveniently.”
Such unfounded fears, the bench warned, only serve to “create mistrust between communities.”
Upholding the single judge’s decision in full, the Division Bench categorically directed that the temple Devasthanam “must light the lamp at Deepathoon.”
At the same time, the court issued specific directions to ensure that the ritual is carried out in an orderly manner and without damage to the site.
It said that the Archaeological Survey of India (ASI) would be at liberty to impose conditions necessary for the preservation of the monument.
The bench further directed that no members of the public should be allowed to accompany the temple Devasthanam officials while lighting the lamp.
The Madurai District Collector was directed to supervise the entire event.
The case had its origin in a petition filed by Hindu Tamil Party leader Rama Ravikumar seeking permission to light the Karthigai Deepam at the hilltop pillar.
The matter was heard extensively by the Division Bench, with submissions from multiple stakeholders, including representatives of the Sikandar Dargah, the Wakf Board and the temple administration.
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