The Madras High Court’s Madurai bench upheld a single judge’s (Justice GR Swaminathan’s) ruling allowing the lighting of a lamp on ‘Deepathoon’ at Tirupparankundram temple, while criticizing the Tamil Nadu government and waqf board over their claims.
The case pertains to the lighting of the lamp at the stone pillar atop the Thiruparakundram hills near a dargah. The Thiruparankundram hillock houses both the Arulmigu Subramania Swamy and the Sikkandar Badhusha Dargah.
According to news agency PTIthe bench of Justices G Jayachandran and KK Ramakrishnan observed that the district administration ought to have treated the issue as an opportunity to bridge the gap between the communities through mediation.
It further held that, since the hill is a protected site, any activity there must strictly comply with the Act’s provisions.
The court clarified that the lamp may be lit and the number of persons permitted can be fixed, subject to consultation with the Archaeological Survey of India (ASI).
“The Devasthanam must light the lamp at the Deepathoon… ASI shall impose conditions necessary to protect the monuments on the hill,” the high court said, as per Bar and Bench.
The court added, “The Devasthanam, through their team, must light the lamp at the Deepathoon on the event of Karthigai Deepam festival.”
“No public shall be allowed to accompany the Devasthanam team. Number of team members to be decided in consultation with ASI and the police. District Collector shall coordinate and supervise the event,” it said.
Madras HC slams State: ‘Imaginary ghost’
Rejecting the arguments that law and order may be disrupted if the lamp is lit atop the hill, the high court said that it is ridiculous and hard to believe the fear of “mighty state” that the lighting of this lamp by the temple management on temple land could cause a disturbance to public peace, unless such disturbances are sponsored by the State itself.
“We pray that no State should stoop to that level to achieve their political agenda,” the court observed, as per Bar and Bench,
The court observed that those challenging the lamp lighting had not produced any formidable evidence to show that the lighting of this lamp is not permitted by the Agama Shastras.
The bench said that the State’s apprehensions of public peace disturbances that may ensue if the lamp is lit, is nothing but an “imaginary ghost” created conveniently, which has created mistrust between communities.
“We find that the apprehension expressed by the district administration regarding probability of disturbance of public peace is nothing but an imaginary ghost created by them for their convenience sake and to put one community against another community under suspicion and constant mistrust,” the Bench said.
HC criticizes Waqf Board
The court further criticized the “mischievous” submission made by the waqf board that the stone pillar belongs to the dargah.
The court observed that religious practices always have reasons and that the practice of lighting deepam at elevated place is there for all Hindu devotees at the foothill to see and worship.
When such a customary practice is in place, there is no plausible reason for temple management to not comply with devotees’ request to light the lamp, the court held.
