Thirupparankundram Row: Madras HC Bans Book Targeting Justice GR Swaminathan

The Madras High Court on Wednesday took strong exception to the publication of a controversial book allegedly making personal and scandalous attacks against Justice G.R. Swaminathan, who has come under criticism from a section of politicians over his verdict on Thirupparankundram Hill row, directing the police to immediately seize copies of the publication and ensure that such material is neither circulated nor released in any form.

The court also initiated suo motu contempt proceedings against the publisher, observing that attempts to vilify judges for their judicial orders strike at the very foundation of the justice system.

The directions were issued while the court was hearing an urgent petition challenging the proposed release of the book, which reportedly contained caricatures and remarks targeting Justice Swaminathan. The matter was heard by a Bench led by Chief Justice Manindra Mohan Shrivastava, which underscored that while litigants and members of the public are free to express disagreement with judicial decisions, personal attacks on judges cannot be tolerated.

Appearing for the Union government, Additional Solicitor General (ASG) A.R.L. Sundaresan submitted that criticism of judgments must remain within permissible legal limits. "One can have opinions about the judgment, but one cannot call the presiding officer names," Live Law quoted the ASG as telling the court, stressing that such conduct amounted to an attack on the institution rather than on an individual judge.

Chief Justice Shrivastava, while making oral observations, described the matter as extremely serious. "If anyone is aggrieved by a judicial order, there are remedies available under the law. How will people perceive the judiciary if such language is used against judges?" the Chief Justice remarked, adding that scandalising courts or judges under the guise of criticism was unacceptable.

The Government Advocate also assured the court that no publication containing objectionable material, caricatures, or content undermining the dignity of the judiciary would be permitted to be printed or circulated. Recording this submission, the Bench directed the police authorities to seize all available copies of the book and ensure that the proposed publication does not take place.

The court further observed that aggrieved parties have the right to challenge judicial orders only through legally recognised channels such as appeals, and not through defamatory or scandalous publications. When the ASG pointed out that appeals against the Thiruparankundram verdict had already been heard and disposed of on Tuesday, the Bench noted that dissatisfied parties could still approach the Supreme Court.

"This is not the first such instance. We are seeing a rise in people making irresponsible comments against judges," the court observed, expressing concern over the growing trend of targeting members of the judiciary for their decisions.

Further, the court directeddirected authorities to ensure that the contentious material is not made available online or circulated through digital platforms.

Justice G.R. Swaminathan, whose ruling has sparked the present controversy, comes from a modest background far removed from the traditional centres of judicial authority. Born in 1968 and brought up in Thiruvarur in Tamil Nadu, he is a first-generation legal professional who began practising law in 1991, a year after completing his legal education. His judicial career took a significant turn when he was appointed as an additional judge of the Madras High Court on June 28, 2017, and he was subsequently elevated as a permanent judge in April 2019.