An Interlocutory Application has been filed before the Supreme Court against the Directors General of Police of the States of Kerala and Tamil Nadu alleging that they have failed to take lawful action against AN Shamseer, the Speaker of the Kerala State Legislative Assembly, who is accused of insulting Hindu Gods and rituals by describing them as mere myths and Udaynidhi Stalin, a state Minister and the son of Tamil Nadu's Chief Minister, who called for complete eradication of Sanatana Dharma, likening it to the eradication of diseases such as Dengue, Malaria, and Covid.

The application filed by one PKD Nambiar, a resident of Noida, through the Advocate-on-Record Preeti Singh, seeks the initiation of contempt proceedings against both the Directors General of Police (DGP) for allegedly disobeying a previous order of the Supreme Court related to Hate Speech in the matter of Shaheen Abdulla v. Union Of India & Ors WP. C. No. 940/2022. The application has been filed in the writ petition by Advocate Ashwini Kumar Upadhyay relating to hate speech.

By the said order, the Court had directed all Police heads to ensure that immediate action is taken, without the need for a formal complaint, whenever any speech or action qualifies as an offence under Sections 153A and 506 of the Indian Penal Code (IPC), and to proceed against the offenders as per the law. The petitioner also emphasizes that the Court had explicitly stated that any reluctance to comply with its directives would be considered as contempt of the Court.

The Petitioner highlights that on July 21st, during a school program, Kerala Assembly Speaker AN Shamsheer allegedly made anti-Hindu remarks. He had stated that Lord Ganesha was a myth and that this belief lacked scientific basis. Additionally, he commented that Hindutva was attempting to promote myths, including the notion that the first plastic surgery was performed on the deity Ganesha, who is depicted with an elephant's face and a human body.

Further, the Petitioner submits that, on the other hand, in Tamil Nadu, Minister Udhayanidhi Stalin, who is also the son of Kerala's Chief Minister, called for the eradication of Sanatan Dharma and compared it to mosquitoes, dengue, corona, and malaria. The petitioner emphasizes that a statement of this nature, coming from individuals holding a constitutional position, has caused immeasurable damage to the social fabric and possesses the potential to disrupt communal harmony.

The Petitioner also quotes DMK leader and Lok Sabha MP from the State A Raja as saying, "Udhayanidhi Stalin was soft in comparing and claiming that it should be eradicated like malaria and dengue.But these diseases don't have a social stigma. To be honest, leprosy was seen as disgusting and so was HIV. So, we need to see this as a disease ridden with social plights like HIV and leprosy".

The plea asserts that in light of the aforementioned statements made by Shamsheer, Stalin and A Raja, which are evidently in violation of Sections 153A, 295A, 298, 505(1), and 505(2) of the Indian Penal Code, the Directors General of Police (DGP) of these States have, in blatant disregard of the Supreme Court's orders, refused to act on complaints or initiate suo motu action.

Further highlighting the conduct of Stalin despite the protests against him, Petitioner states, "That he did not stop with that and took to X (formerly known as Twitter) to justify his remarks which literally amount to a call for genocide against followers of Sanatana Dharma. He wrote on X: I spoke on behalf of the oppressed & marginalised, who suffer due to the Sanatana Dharma. I am ready to present the extensive writings of Periyar and Ambedkar, who conducted in-depth research on Sanatana Dharma and its negative impact on society in any forum".

The petitioner also contends that despite approaching the Police in Tamil Nadu to register an FIR, the State Police refused to do so. "The dangerously hate filled remarks by Udhayanidhi Stalin, A Raja and Ponmudy against the centuries old Santana Dharma, literally amount to a call for genocide against followers of the centuries old. Sanatana Dharma", reads the Petition.

Accordingly, the Petitioner seeks the initiation of the contempt proceedings against the Director General of Police of the States of Kerala and Tamil Nadu for disobedience of the Court's directions.

On Friday, a Writ Petition seeking action regarding "Sanatana Dharma Eradication Conference", held in Tamil Nadu earlier this month, where the aforesaid controversial remarks were made by Stalin, was mentioned before the Bench led by Chief Justice of India D.Y. Chandrachud for urgent listing. However, the Court had refused to entertain the mentioning citing non-compliance with the procedure for urgent listing. Earlier, Advocate Vineet Jindal had filed an interlocutory application before the Apex Court seeking registration of FIR against Stalin and Member of Parliament from DMK and former Union Minister A. Raja.

An FIR has already been registered in Rampur, Uttar Pradesh against Udhayanidhi Stalin and Priyank Kharge, the son of Congress president Mallikarjun Kharge for their alleged hate speech against Sanatan Dharma. Prior to that, a letter was addressed to Chief Justice D.Y. Chandrachud by a group of concerned individuals including the retired Judges of several High Courts and bureaucrats seeking judicial intervention of the Apex Court in the matter of hate speech made by Udhayanidhi Stalin. Various others across the country have approached authorities seeking FIR against Stalin.

Cause Title: PKD Nambiar v. Shaik Darvesh Saheb IPS & Anr.

Udhayanidhi StalinAN ShamseerHate SpeechSanathana Dharma

Ramey Krishan Rana