Opposition’s impeachment bid against Madras HC judge politically driven: Ex-judge

Jabalpur, Dec 15 (PTI) The Opposition parties’ move to seek the impeachment of Madras High Court judge Justice G R Swaminathan was politically motivated or an attempt to get a favourable verdict through pressure tactics, former Madhya Pradesh HC judge KK Trivedi claimed on Monday.

Several Opposition MPs, led by the DMK, have submitted a notice to Lok Sabha Speaker Om Birla to move a motion for the removal of Justice Swaminathan, whose order directing the Subramania Swamy temple authorities to ensure that a lamp is lit at the ‘deepathoon’ (pillar) in Tamil Nadu's Madurai district triggered a row.

On December 1, Justice Swaminathan held that the Arulmighu Subramania Swamy Temple was duty-bound to light the lamp at the Deepathoon, in addition to the customary lighting near the Uchi Pillaiyar Mandapam.

The single judge bench said that doing so would not encroach upon the rights of the adjacent dargah or the Muslim community.

When the order remained unimplemented, the judge passed another order on December 3, permitting devotees to light the lamp and directed the Central Industrial Security Force (CISF) to ensure their protection.

The Tamil Nadu government has approached the Supreme Court against the HC's order.

The order sparked a row, and on December 9, several Opposition MPs, led by the DMK, submitted a notice to Lok Sabha Speaker Om Birla to move a motion for the impeachment of the judge.

On Friday, 56 former judges of the Supreme Court and various high courts issued a statement denouncing the attempt by the DMK to impeach Justice Swaminathan, saying it was a "brazen attempt to browbeat judges".

"We all agree that the manner in which this move (by Opposition parties) has been is completely wrong, especially when the matter in question is still pending before the court," former MP High Court Justice Trivedi, who signed the letter, told PTI Videos.

"Either this action has been taken solely for political purposes, or it is an attempt to pressure the judge into a decision in favour of a particular side," he said.

Both situations are unacceptable under any circumstances, as they seriously damage the reputation of the judiciary, the Indian judicial system, and undermine public confidence, the former judge said.

As per the Constitution, a motion to remove a judge from office can only be brought on the basis of proven misconduct or incapability, he pointed out.

How can an impeachment motion be brought based on grounds that are not legally permissible? he asked.

"This entire process appears to be an attempt to interfere with the judicial process and could also be seen as an attempt to exert pressure on the judge," former Justice Trivedi said, adding that everyone should introspect before pointing fingers at others.

"Are those who initiated this (impeachment motion notice) clean in every way? If not, where does the moral right lie to take such action?" he asked.

The BJP on Saturday alleged that the Opposition parties' stand on the issue of lighting a traditional lamp at a hilltop temple near Madurai in Tamil Nadu is not just vote-bank politics but a “structural nefarious attack” on the “basic identity” of India. PTI BNS MAS GK