Breaking| Hate Speech Against Sanatana Dharma: Supreme Court Bars Further FIRs Against Udhayanidhi Stalin Without Its Permission

The Supreme Court on Tuesday issued a directive preventing the registration of any further criminal cases against Tamil Nadu Minister Udhayanidhi Stalin over his controversial remarks on Sanatana Dharma without prior permission from the Court.

It is to be noted that Stalin had made remarks advocating for the complete eradication of Sanatana Dharma, drawing parallel with efforts to eradicate diseases like dengue, malaria, and Covid.

The Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar was hearing Stalin’s plea to club multiple FIRs registered against him across different states.

The Court also issued notices to newly added respondents and granted them 15 days to file their responses, with an additional 15 days for rejoinders. The matter has been scheduled for further hearing on April 28.

Senior Advocate Abhishek Manu Singhvi, appearing for Stalin, urged the Court to transfer all cases to a single jurisdiction, citing precedents in similar cases involving Nupur Sharma, Mohammad Zubair, and Arnab Goswami. “In Nupur Sharma, the words were much worse, but my Lords transferred the cases. In this case too, transfer should happen,” Singhvi argued.

Solicitor General (SG) Tushar Mehta, appearing for the State, referred to Stalin’s remarks at the Sanatana Dharma conference, where he allegedly compared Sanatana Dharma to dengue and mosquitoes, arguing that the statement incited communal tensions.

However, the CJI clarified that the Court was not delving into the merits of the case but solely addressing the question of transferring the FIRs to one jurisdiction. "This Court will not comment on this," the CJI stated.

Interim Order to Continue, No Further Cases Without SC Permission

Issuing notice to newly added respondents, the Court allowed an amendment application and directed that the interim order preventing further cases against Stalin will continue. “We direct that no further cases be registered without permission of this Court,” the CJI ordered.

During the hearing, SG Mehta referenced another pending case, stating that the remarks in Stalin’s case were even more serious than those in the other matter, where the Court had directed an investigation.

However, the CJI remarked that the referenced case involved a larger issue.

As the proceedings concluded, Stalin’s counsel urged the Court to separate political considerations from legal arguments, stating, “Let my learned friend (SG) not mix political with legal.”

Previously

Pertinently, in March 2024, the Supreme Court had come down heavily on Udhayanidhi Stalin, a State Minister and the son of Tamil Nadu's Chief Minister, for his statements advocating for the complete eradication of Sanatana Dharma, drawing parallel with efforts to eradicate diseases like Dengue, Malaria, and Covid.

Earlier, an interlocutory application was filed before the Supreme Court seeking registration of an FIR against Stalin and Member of Parliament from DMK and former Union Minister A. Raja who had made similar remarks as Stalin. An FIR has 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: Udhayanidhi Stalin v. The State Of Maharashtra And Ors. [W.P. (Crl.) No. 104/2024; Diary No. 8398/2024]