Chennai/New Delhi. There are very few occasions in the history of the Indian judiciary when an impeachment motion is brought in Parliament against a High Court judge. But Judge CA of Madurai Bench of Madras High Court. Swaminathan is currently at the center of this political and legal storm. On Tuesday, 107 MPs from the opposition alliance ‘India’ bloc gave notice of impeachment against him. This whole controversy started with one of his orders to light the lamp of Karthigai Deepam on the Tiruparankundram hill near Madurai. The contention is that his decision was inspired by a particular ideology and he crossed the Lakshman Rekha of judicial impartiality. But people who have worked with him for years and legal experts present a different picture. He says that Justice Swaminathan’s decisions are based on legal arguments and not on his personal ideology. This case is no longer just about a lamp or a mountain, but has become a major debate about the independence versus accountability of the judiciary. Karthigai Deepam and Dargah dispute: The real root of this whole dispute is Tiruparankundram hill in Madurai district. This place is very religiously sensitive. There is a dargah on the top of the hill, while the Uchi Pillayar temple is located below. Tradition: The state government and DMK say that a tradition has been going on here for the past 100 years. To maintain communal harmony, the festival of Karthigai Deepam is not celebrated on the top of the hill but in the middle of the hill. This was done because there is a Dargah on the peak. Hindus and Muslims live peacefully here. Judge’s order: Justice Swaminathan’s bench, while hearing a petition, ordered that the lamp should be lit only on top of the hill. Those close to him argue that the Karthigai Deepam in any other temple in Tamil Nadu is always lit on the highest peak of the hill. Taking the example of ‘Maha Deepam’ of Tiruvannamalai, it was said that the same should happen here too. Confrontation: The DMK government refused to accept this order citing law and order. Only after this did the case reach contempt of court and then prosecution. ‘Father, forgive them…’: When the judge cornered the government When the state government disobeyed Justice Swaminathan’s order, the judge expressed his frustration by quoting a famous quote from the Bible. He said, “I am not sitting here with raised hands and shouting – ‘Father, forgive them, for they know not what they do’.” Justice Swaminathan issued summons to the chief secretary and other officials. In a broader context, he raised the question whether ‘minority appeasement’ is going on in the state? According to those close to him, the judge took this tough stance when he learned that preparations were being made to start the impeachment process against him in Parliament. Are judges really biased? The old record says otherwise. The opposition claims that Justice Swaminathan is close to the ideology of RSS and BJP. But people who have worked with him dismiss these claims, citing his past decisions. Perumal Murugan Case (2015): When famous Tamil writer Perumal Murugan faced opposition from Hindutva groups for his novel ‘Madhorubagan’, Justice Swaminathan (then a lawyer or attached to the judiciary) supported him. Later, as a judge, he observed that the mixture of caste and religion was a deadly cocktail in matters of literary freedom. Tablighi Jamaat Case (2020): During the Corona epidemic, when the members of Tablighi Jamaat were made villains across the country by calling them ‘corona spreaders’, Justice Swaminathan ordered their release. He said that these are not criminals, but people who need sympathy. He allowed them to return to their homes. ‘Savku’ Shankar case: YouTuber and whistleblower ‘Savku’ Shankar’s stand is also mixed. In 2022, he jailed Shankar on contempt charges for tarnishing the image of the judiciary. But in 2024 and 2025, he also granted bail to Shankar and canceled the preventive detention ordered against him. A person close to him told Hindustan Times: “He has never favored anyone in particular. The data bears witness to this. Just because some of his comments may have an ideological flavour, it does not mean that his decisions are also influenced by it.” Impeachment: An Attack on Judicial Independence? The legal fraternity is divided on this matter. Another judge, who spoke on condition of anonymity, said the motion of impeachment was a “blatant attack” on judicial independence. His argument is that if someone has a problem with the decision of a High Court judge, he has the option of approaching the Division Bench or the Supreme Court. Impeachment based on just one decision can set a dangerous precedent. The DMK government approached the Supreme Court in this matter but also opened a front in Parliament through its MPs. This is becoming a major political issue ahead of the 2026 Tamil Nadu Assembly elections. Old association with controversies: ‘Comedy Peace’ and ‘Veda’ Justice Swaminathan has also been in the news for his comments in the past. Allegations of casteism: In July, lawyer S. Vanchinathan accused him of being casteist and communal and sent a complaint to the CJI. On this, Justice Swaminathan reprimanded the lawyers in the packed court, saying, “I don’t know who called you revolutionaries. You are all comedy pieces.” Statement on Vedas: One of his speeches also went viral in which he narrated the story of a road accident and said, “That day I realized that if we protect the Vedas, the Vedas will protect us.” His supporters say that he said this to school children and it was his personal experience that was misrepresented. Amit Shah’s support and BJP connection When this issue was raised in Parliament, Union Home Minister Amit Shah defended Justice Swaminathan. Shah justified his arguments. After this, the opposition got a chance to say that the judge has the support of BJP. DMK and its allies see it as ‘RSS agenda’. Who is Justice Swaminathan? Justice GR Swaminathan hails from Tiruvarur in Tamil Nadu. In 1991 he registered himself as a lawyer. Then started independent practice in Puducherry in 1997. In 2004, when the High Court bench was formed in Madurai, he shifted there. In 2017, he was appointed the judge of the Madras High Court. One of his former associates said, “Just because he is a Hindu and comes from the Brahmin community, it does not mean that he will go against the law and take the side of any religion. If the law says so, he will not hesitate to take a decision, even against his own religion.” The flame of the lamp of Tiruparankundram heated up politics from Tamil Nadu to Delhi. On one side there is the argument of ‘tradition and peace’, while on the other is the argument of ‘religious rights and law’. Passing the impeachment motion against Justice Swaminathan is technically very difficult, but it has taken the conflict between the judiciary and the executive to a new level. Now all eyes are on the Supreme Court to see what stand it takes in this case.