Today, On 6th March, A Supreme Court bench, led by Chief Justice Sanjiv Khanna, ruled that no further FIRs can be registered against Tamil Nadu Minister Udhayanidhi Stalin over his remarks on Sanatana Dharma without its permission. The court is hearing his plea to consolidate multiple criminal cases filed across different states. Stalin’s comments, comparing Sanatana Dharma to diseases like dengue and malaria, triggered widespread controversy. The court extended interim protection and scheduled the next hearing for a later date.
New Delhi: The Supreme Court extended its interim order shielding Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin from any coercive action related to his contentious remarks on Sanatan Dharma.
Several FIRs were registered against him across various states, prompting the legal move.
The court also determined that no new FIRs can be lodged against him concerning his statement.
A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan passed the interim order on a plea filed by Stalin to club all such criminal cases filed against him across the country.
The Court ordered today,
“List in April. Interim order to continue and shall apply to the new cases added as well. We direct no further FIR to be registered on the same cause,”
Also Read: Supreme Court Dismisses Petition Against Udhayanidhi Stalin Over Sanatana Dharma Remarks
Notably, an amendment application in the case revealed that a new first information report (FIR) has been registered against Stalin in Bihar as well.
The controversial remarks in question were made by Stalin in September 2023 during a conference organized by the Tamil Nadu Progressive Writers Artists Association in Chennai, where he stated,
“Just like dengue, mosquitoes, malaria, or coronavirus need to be eradicated, we have to eradicate Sanatana.”
Stalin subsequently approached the Supreme Court with a plea to consolidate the FIRs registered against him in various parts of the country concerning this comment, so they could be addressed as a single criminal case.
The top court initially criticized Stalin, noting that he had misused his rights under Articles 19(1)(a) (freedom of speech and expression) and 25 (freedom of conscience and free profession, practice, and propagation of religion) of the Constitution when making the statement.
In May 2024, the Supreme Court issued notices to multiple state governments and complainants, seeking their responses to Stalin’s plea.
In his defense, Stalin asserted that his comments were made to a specific audience aligned with the ideology of abolishing caste discrimination. He emphasized that the speech should be viewed in the context of caste-based discrimination.
During today’s hearing, Senior Advocate Dr. A.M. Singhvi represented Stalin, arguing that other commentators had faced no consequences despite making more severe remarks.
Also Read: Dress Code Matters: Holding Deputy Chief Minister Udhayanidhi Stalin Accountable
During today’s hearing, Chief Justice of India (CJI) asked,
“You have filed another application seeking an amendment?”
Singhvi noted,
“In the cases of Arnab Goswami, Nupur Sharma, etc., FIRs were transferred in the first place. Nupur Sharma had made worse utterances,”
Solicitor General (SG) Tushar Mehta, representing the Government of Maharashtra (one of the states where Stalin has been charged), maintained that Stalin’s comments were irresponsible.
SG Mehta remarked,
“It was a Sanatana Dharma eradication conference. He stated that something should not just be dealt with but eradicated like Corona. What would happen if the Chief Minister of another state said that Islam must be eradicated?”
He added,
“Merely because the community targeted for eradication does not react violently does not make this acceptable.”
CJI Khanna stated,
“As an apex court, we will not comment. It could impact the trial.”
Meanwhile, Senior Advocate P. Wilson, also representing Stalin, offered to take SG Mehta to Tamil Nadu, saying,
“I would like to take the SG to our soul, Tamil Nadu.”
SG Mehta countered,
“These words were uttered in your soil. I cannot address press conferences; I am only addressing this court.”
Singh remarked to SG,
“You are more vehement than a private complainant now,”
SG responded,
“Yes, I agree,” .
Wilson told SG,
“You are crossing your brief,”
Multiple FIRs were filed against him, alleging that he had offended religious sentiments.
However, the CJI clarified,
“We are not examining the merits of the matter, only whether the cases should be transferred to one place.”
The court has listed the matter for April 28 and ruled that the interim order will continue, applying to newly added cases.
The CJI also ordered,
“No further FIRs shall be registered on the same cause.”
The SG mentioned a pending petition seeking automatic FIR registration for such speeches and requested that Stalin’s case be tagged with it.
Case Title: UDHAYANIDHI STALIN Versus THE STATE OF MAHARASHTRA AND ORS. W.P.(Crl.) No. 104/2024
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