Plea before SC cites derogatory remarks against Justice GR Swaminathan; seeks action over unlawful protests against judges

A plea has been filed before Supreme Court seeking legal and police actions including registration of FIR against individual, advocates and other social political party, association or body made hate speech, scandalize remarks, defamatory campaigns, threats to the judges and conducting illegal unlawful demonstration protest or agitation in public places and in front of the Madras/Madurai High Court & other District Courts premises, and direct them to submit status report and enforce protections for judicial independence.

The plea comes in the backdrop of the controversy surrounding Justice GR Swaminathan’s order in the Deepam matter, in which he permitted the lighting of the traditional Karthigai Deepam atop the Thiruparankundram hill in Madurai, a site that houses a temple as well as a nearby dargah. In his ruling, the judge directed that the ceremonial lamp be lit on the historic “Deepathoon” pillar by December 4, holding that the ritual would not infringe upon the religious rights of the Muslim community.

The controversy revolves around a customary shift. For more than a century, the lamp was traditionally lit at a “Deepa Mandapam” near the Uchi Pillaiyar Temple on the hill which is a lower, widely accepted spot. But this year, petitioners sought the ancient Deepathoon on the hill as the site for lighting, arguing that ritual tradition and temple ownership supported their claim.

Filed by Advocate GS Mani, the plea states that several individuals, including certain persons claiming association with DMK and Communist Party of India (CPI/CPM), are freely circulating defamatory, derogatory, abusive and scandalous posts in the social media platforms such as X, Facebook, YouTube, WhatsApp and other digital forums, making highly objectionable remarks against Hon’ble Justice G.R. Swaminathan, Judge, Madurai Bench of Madras High Cour

As per the petitioner, the protests have crossed the constitutionally permissible limits of criticism and entered the realm of scandalizing the judiciary, communalization of judicial acts, and interference with the administration of justice.

"It is reported in multiple news outlets that groups identifying themselves with political parties and certain lawyer associations have conducted protests in front of the Madras & Madurai Bench of the Madras High Court and other court premises, demanding resignation of the sitting Judge and attributing improper motives to a judicial decision. Such acts, if left unchecked, pose a serious threat to the independence of the judiciary, a basic feature of the Constitution", the plea adds.

Supreme Court has been told that judges cannot be subjected to street protests, political pressure or social media intimidation for their judicial orders, as the only constitutionally recognized remedy against a judicial decision is through appeal, review or other lawful procedures. Allowing protests and campaigns against sitting judges will have a chilling effect on judicial independence and discourage judges from discharging their duties fearlessly, the plea submits.

"The Petitioner made written legal representations/complaints to the Respondents/Chief Secretary, Home Secretary, Director General of Police, Tamil Nadu, Commissioner of Police Chennai as well as the Registrar General of Madras High Court and Additional Registrar General of Madurai Bench of the Madras High Court and the Cyber Crime Wing, on 06.12.2025 through Email and Speed Post seeking: Registration of FIRs, Preventive action against unlawful protests near court premises, action against online hate speech, intimidation and communalization of judicial orders. The said representation/complaints were served on the respondents by email on the very same day of 06.12.2025 and the Speed Post served on 08.12.2025. But till the date no reply, no response and no action have been on this representation", top court has been told.

In related news, recently, the Dravida Munnetra Kazhagam (DMK) on Tuesday (December 9, 2025) led a delegation of INDIA bloc Members of Parliament to Lok Sabha Speaker Om Birla to submit an impeachment notice seeking removal of Madras High Court judge Justice G R Swaminathan. The judge was recently in the news for his order in the Thiruparankundram Karthigai Deepam dispute. The notice, dated December 9 and backed by 120 MPs, has been moved under Articles 217 read with 124 of the Constitution, which lay down the procedure for the removal of high court and Supreme Court judges.

In response, a group of designated senior advocates and practising lawyers from the Madurai Bench of the Madras High Court have submitted a memorandum to Lok Sabha Speaker Om Birla, opposing the notice of motion seeking impeachment of Justice G.R. Swaminathan, and warning that the move poses a serious threat to the independence of the judiciary.

Case Title: Advocate GS Mani vs. Govt of Tamil Nadu and Ors.