Madras HC stays release of book targeting Justice G R Swaminathan

In a significant move, the Madras High Court on Wednesday (January 7) issued a stay on the release and circulation of a book purportedly aimed at Justice G R Swaminathan, stating that the issue presents significant concerns relating to the judiciary’s dignity and institutional authority.

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While the ruling was issued by a panel featuring Chief Justice Manindra Mohan Srivastava and Justice Arul Murugan, the court commenced contempt proceedings against Keezhaikaatru Publishers, the entity responsible for publishing the book, and mandated the confiscation of the objectionable copies, a Bench and Bar report said. The book was slated to be released at the Chennai Book Fair beginning Thursday (January 8).

'Not only highly derogatory but virtually abusive'

“Having perused the said document, which is said to be the title page/front page of the book proposed to be released/published on 08.01.2026 at the opening of Chennai Book Fair, at once, would show that the pictorial representation, the caricature and the expressions/words used are not only highly derogatory, but virtually abusive. The pictorial representation directly points out with face and name of a sitting Judge of this Court,” the report cited the bench having observed.

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Taking note of the title of the book and the visual representation on its cover, the court observed during the hearing that such presentation seemed designed to mock a sitting judge instead of providing valid criticism. It felt a provocative title and caricatured depiction exceeded acceptable boundaries and put the dignity of the judiciary under serious threat.

HC ruling a month after INDIA MPs targeted Justice Swaminathan

The high court’s observation comes a month after more than 100 MPs of the Indian National Developmental Inclusive Alliance (INDIA) bloc moved an impeachment motion under Article 217 read with 124 of the Constitution against Justice Swaminathan, accusing him of displaying a conduct that undermines the judiciary’s secular functioning; favouring advocates from a particular community; and deciding cases based on a particular political ideology and against the secular principles of the Constitution.

The notice against the judge was submitted by the MPs of Tamil Nadu’s ruling Dravida Munnetra Kazhagam to Om Birla, Speaker of the Lok Sabha. It was handed over jointly with other top leaders of the Opposition bloc, including the Congress’s Priyanka Gandhi Vadra and the Samajwadi Party’s Akhilesh Yadav, to make it a united show, South First reported.

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The MPs said that they had submitted a 13-point representation to both the President and Chief Justice in August, alleging no action had been taken and initiated the impeachment process, accusing the judge of continuing with communal bias, an NDTV report said.

The judge caught the Opposition’s ire due to his role in passing an order allowing groups associated with the Rashtriya Swayamsevak Sangh to light the lamp at the “deepathoon” atop the Thiruparankundram hillock near a Muslim dargah in Madurai, Tamil Nadu, triggering communal and political tensions. The Madurai bench of the high court on Tuesday (January 6) upheld Justice Swaminathan's order on the lighting of the lamp.

Former judges urged Oppn to withdraw notice

More than 50 former judges came up with an open letter soon after, urging the MPs to withdraw their notice against the serving high court judge, saying it jeopardises judicial independence and puts pressure on judges who do not meet certain political and ideological expectations.

Also read: Why Justice Hari Paranthaman suggests 'immediate impeachment' of Justice Swaminathan

While in its January 7 ruling, the bench acknowledged that while it is acceptable to critique judgments, personal assaults on judges — especially through derisive imagery and language — cannot be defended as free speech. It noted that disparaging a sitting judge through published materials directly impacts public trust in the judicial system.

The court also instructed the police to ensure that the book is neither displayed nor sold at the Chennai Book Fair until further orders. Earlier, a writ petition was filed by Advocate P Naveenprasad, who urged the court to direct state authorities to seize copies of the book, saying it was directed against Justice Swaminathan and its title and cover design are “scandalous, abusive and derogatory”, the Bar and Bench report said.