Madras HC Laments: Powerless to Enforce Orders Amid 'Rule of Law' Erosion
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The Madras High Court expressed frustration over its inability to ensure compliance with its orders, despite having significant powers. Justice GR Swaminathan pointed out that a court's judgment holds little value if it cannot be enforced. He cited a previous Kerala High Court judgment, stating that the judiciary's vast constitutional authority is hindered by its lack of machinery to implement orders. In a system based on the rule of law, the judge warned that the State's failure to comply with court directions could lead to a constitutional stalemate and erode the foundation of the system. This concern was sparked by the Tamil Nadu government's refusal to follow a December 2 order allowing a group to light the Karthigai Deepam at the Deepathoon, an ancient stone lamp pillar. The petitioners had initially been denied permission by local authorities, citing law and order concerns. However, after the court allowed the petition, the authorities imposed prohibitory orders instead of making security arrangements. Justice Swaminathan strongly criticized this decision, calling it a 'sad day for the Court and for the rule of law.' The judge summoned the Dindigul District Collector and Superintendent of Police to appear in court on December 4 and explain their actions. He emphasized that the Constitution obliges all authorities to enforce court orders, and there is no room for discretion. The court will determine whether contempt has been committed after the officials' appearance.
