Former Justice Hari Paranthaman and several others condemned the contempt of court proceedings initiated by Justice Swaminathan even as questions are being raised on how a confidential letter to CJI became public.
Published Jul 26, 2025 | 6:34 PM ⚊ Updated Jul 26, 2025 | 6:38 PM
Retired judges asked Justice Swaminathan to withdraw the proceedings. (Representational pic/iStock)
Synopsis: In a rare development, several retired judges came together against the contempt proceedings a sitting judge has initiated against an advocate of the Madurai Bench of the Madras High Court.
More than 10 retired judges have urged Justice GR Swaminathan of the Madurai Bench of the Madras High Court to withdraw the contempt of court proceedings initiated against an advocate, S Vanchinathan.
Vanchinathan had allegedly accused the judge of impropriety, which led to the contempt of court case.
The retired judges met the media in Madurai on Saturday, 26 July, and urged Justice Swaminathan to voluntarily withdraw the case, failing which they demanded the intervention of the Supreme Court.
Besides the former judges, members of the People’s Rights Protection Centre, and Advocate Vanchinathan, too, attended the media conference.
Meanwhile, murmurs that Justice Swaminathan, who initiated the contempt of court proceedings against the advocate, was set to hear the case himself, caused unrest in the Madurai court.
Detailing the incidents that led to the present situation, Vanchinathan said Justice Swaminathan, on 23 July, ordered him to appear before the court the next day as counsel on record. Vanchinathan informed the court that he had submitted a change of counsel to Senior Advocate Prabhu Rajadurai, thereby effectively relieving him of the responsibility in the case.
The High Court Registrar’s office, however, served a summons to Vanchinathan. When he appeared, Justice Swaminathan questioned him about the case. The advocate replied that he was no longer associated with the case due to the counsel change.
A crucial exchange reportedly occurred between the judge and advocate after this reply.
Addressing the media, Vanchinathan said the judge asked him if he was “standing by your statement that I am acting with caste and religious bias in the administration of justice?”
Vanchinathan replied that he didn’t know what the judge was referring to and requested clarification. When the same question was repeated, Vanchinathan said he refused to answer without knowing the context, to which Justice Swaminathan allegedly responded, “You are a coward.”
The advocate then told the judge to put the question in writing so he could respond accordingly. The judge reportedly dictated the question, had it formally typed and gave it to him in writing.
Earlier, on 14 June, Vanchinathan had sent a detailed complaint through the People’s Rights Protection Centre to the Chief Justice of India and other senior judges of the Supreme Court, alleging misconduct by Justice Swaminathan.
Although this letter was intended to remain confidential, Vanchinathan said it was leaked to a WhatsApp group of Madurai High Court lawyers, allegedly by AIADMK-affiliated lawyer. The group is reportedly administered by a lawyer said to be linked to the BJP. The leak occurred a day before the case trial, Vanchinathan said.
The letter to the Chief Justice, which has now been widely circulated among lawyers in Madurai, reportedly contained 14 specific allegations against Justice Swaminathan. The full contents cannot be disclosed due to their confidential nature.
The allegations include that the judge:
In the press meet, Vanchinathan emphasized that he had sent the complaint only to the Chief Justice of India and did not know who leaked it. He also named lawyers Rajarajan and Arun Swaminathan in connection with the leak.
Despite Vanchinathan having officially distanced himself from the case, Justice Swaminathan and Justice K Rajashekar summoned him on 24 July. The bench questioned him specifically about the caste bias allegations made by him without mentioning the specific incident or the above said letter.
The bench stated in its order: “His dissociation with this writ appeal cannot lead to closure of the action initiated by us.”
The court has now ordered Vanchinathan to respond by 1:15 pm on 28 July to the following written question: “Whether you, S. Vanchinathan (Enrl. No.1867/2004), stand by your imputation of caste bias on the part of Justice GR Swaminathan in the discharge of his judicial duties?”
Addressing the media, former Justice Hari Paranthaman and several others condemned the contempt of court proceedings initiated by Justice Swaminathan.
“Justice G.R. Swaminathan must withdraw this contempt proceeding. If not, the Chief Justice of the Supreme Court must intervene and quash it,” Justice Paranthaman said.
“Every citizen has the fundamental right to file a complaint against a judge to the Chief Justice of India. That right must not be curtailed. It sets a dangerous precedent when a sitting judge personally investigates a complaint filed against himself. This must be immediately stopped by the Chief Justice of the High Court or the Chief Justice of India,” he added.