The Supreme Court on Thursday ruled that no fresh cases should be registered against Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin over his controversial remarks against Sanatana Dharma. The court also extended protection from arrest in existing cases filed against him until the next hearing on his petition to club all cases against him across the country.
A bench led by Chief Justice of India (CJI) Sanjiv Khanna stated, “We deem it appropriate that no further cases shall be registered without permission of this court.” Stalin’s legal team argued that despite a previous indication from the court in November 2023 to transfer all cases to Karnataka, new cases continued to be registered against him in multiple states.
Legal Arguments and Court Observations
Senior advocates Abhishek Manu Singhvi and P Wilson, representing Stalin, pointed out that cases against him were pending in Bihar, Jammu, Karnataka, Maharashtra, and Uttar Pradesh. They referred to past Supreme Court precedents, including those involving journalist Arnab Goswami and BJP leader Nupur Sharma, where similar cases were clubbed together for a single hearing.
The bench, also comprising Justice Sanjay Kumar, issued notices to complainants in the fresh cases and reaffirmed its previous order of protection. The matter has been scheduled for further hearing in the week commencing April 21.
Solicitor General Tushar Mehta, representing the Maharashtra government, argued that Stalin’s remarks were serious, as he had compared Sanatan Dharma to diseases that must be eradicated. However, the court maintained that its focus was solely on ensuring that all cases were heard at a single location.
Background of the Case
Stalin’s remarks, made in September 2023 at a conference organized by the Tamil Nadu Progressive Writers Artists Association, sparked legal action in multiple states. In his speech, he stated, “There are some things that we have to eradicate and we can’t merely oppose. Mosquitoes, dengue, corona, and malaria are things that we cannot oppose; we have to eradicate them. Sanatanam is also like this. Eradication and not opposing Sanatanam has to be our first task.”
Following the backlash, Stalin filed a petition under Article 32 of the Constitution, claiming that the FIRs violated his fundamental rights. He cited Article 19(1)(a), which guarantees freedom of speech, and Article 25, which protects the right to question religious beliefs.
Supreme Court’s Previous Stand
In an earlier hearing, the Supreme Court had cautioned Stalin about the consequences of his statements, remarking, “You abuse your right under Article 19(1)(a). You abuse your right under Article 25. And now you are exercising your right under Article 32?” However, the court later allowed him to appear in the trial through an authorized representative, exempting him from personal appearances.
Sources By Agencies
