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Synopsis

A representation has been given to the Chief Justice of Madras High Court requesting immediate action for resignation of Justice G.R. Swaminathan. The judge lauded K. Annamalai, State President of Bhartiya Janta Party in one of his judgments for Annamalai's efforts in exposing a scam pertaining to passports.

Alleging that the judge's act is a threat to democracy and independence of the judiciary, K. Bharathi, on behalf of the Democratic Advocates' Association, has given the letter to the Chief Justice, through the Registrar General. It reads,

"We are not opposed to any Individual person giving a statement to praise or to give compliment to any party or leader. But a Judge who is having (a) higher post should not give statement like this in the High Court's order."

The letter states, "Judiciary is an independent state organ. It cannot be a supporter of any party or leader of any party. It must uphold democracy and function without partiality".

Further, the Association has claimed that in any way it is not concerned with the Judge's order but with his observation and has alleged that the same is against Judge's oath to his office.

Therefore, stressing that the Judge's order will cause fear among the people who want to raise issues like petrol, diesel price rise, etc. against the ruling BJP party, the Association has asserted that Justice Swaminathan's continuation as a judge is a threat to the independence of the judiciary.

Tabling his decision in a Writ Petition (Writ Petition No: 13544/2022) on July 27, Justice Swaminathan stated, "I read in new papers that Shri.K.Annamalai, the state BJP president had raised this very same issue in a big way... I Compliment Shri.K.Annamalai the State Bharatiya Janata Party President for having taken up the cause. He has played the role of a watch dog in a democracy. But for him the matter would not have come to light.