Thiruparankundram: The High Court verdict destroys faith in the judiciary!

Tirupparankundram:
The High Court verdict undermines public faith in the judiciary!
An appeal must be filed

Viduthalai Chiruthaigal Katchi – Statement

The verdict delivered today by the Madurai Bench of the Madras High Court in connection with the Tirupparankundram issue has shaken the people’s faith in the judiciary. This judgment is not only contrary to the Constitution, but also paves the way for disturbing Tamil Nadu’s atmosphere of religious harmony. Therefore, on behalf of the Viduthalai Chiruthaigal Katchi (VCK), we urge the Government of Tamil Nadu to file an appeal against this verdict. We also call upon secular forces to unite firmly to safeguard people’s unity.

In Tirupparankundram, for generations, the Karthigai Deepam has been lit near the Pillaiyar (Ganesha) temple. There are already earlier court verdicts on this matter. Despite this, in support of the demand raised by certain divisive elements that the lamp should be lit only on the pillar located near the dargah, a legally untenable court order was initially passed. An appeal against that order was heard by a Division Bench of two judges, which has now endorsed the earlier single-judge verdict and delivered the present judgment. This verdict, which goes against secularism and religious harmony, has once again undermined public confidence in the judiciary.

In this 170-page judgment, the judges have elaborated on the Twelve Tirumurais, the Meykanda Shastras, Sivagnanabodham, and the principles mentioned therein. However, none of the aspects cited by them conclusively establish that the pillar in question was meant for lighting lamps, or that lamps were ever lit on it. This case was filed by an individual who argues that the lamp must be lit only on that pillar. The court should have demanded proof from him—this is the legally correct procedure. Instead, the judges have stated that the temple administration and the Government of Tamil Nadu failed to prove that the pillar was not meant for lighting lamps. It is difficult to understand what kind of justice this is.

The judgment notes that one of the lawyers representing the Hindu Religious and Charitable Endowments (HR&CE) Department stated that he did not know for what purpose the pillar was erected, while another stated that it was indeed meant for lighting lamps, but was erected so that Jain monks could sit beneath it at night and engage in discussions. While reading the judgment, it appears that there was no consistent stand presented on behalf of the HR&CE Department. This is a matter of serious concern. When filing an appeal, the government’s position must be clearly articulated, and the Advocate General must provide appropriate guidance in this regard.

After Independence, courts delivered judgments based on evidence and law. In recent times, that approach has changed, and judgments based on beliefs are increasingly being delivered. Some judges have even begun referring to this as a “Swadeshi system of justice.” This verdict can be placed in that very line of judgments.

Judges who have taken an oath in the name of the Constitution cannot, under the guise of interpreting it, undermine the very spirit of the Constitution. Such an approach amounts to nothing less than destroying the Constitution itself. We therefore once again urge the Government of Tamil Nadu to file an appeal against this verdict, which goes against the secularism guaranteed by the Constitution.

Certain divisive forces are actively attempting to disrupt peace in Tamil Nadu and provoke communal clashes here, similar to what is happening in some northern states. At this crucial moment, we emphasize that all democratic forces must commit themselves to denying space to such elements, protecting people’s unity, and ensuring peace and harmony prevail in Tamil Nadu.

Thol. Thirumavalavan
Founder–President
Viduthalai Chiruthaigal Katchi