Sanatan Dharma row: SC pulls up Udhyanidhi over writ petition
The Supreme Court has informed Tamil Nadu Minister and Dravida Munnetra Kazhagam leader Udhayanidhi Stalin that he cannot expect the same immunity as media and news channels. Stalin had sought clubbing of multiple FIRs registered against him for his "eradicate Sanatan Dharma remark." The bench, consisting of Justices Sanjiv Khanna and Dipankar Datta, noted that Stalin had made these remarks voluntarily.
Why does this story matter?
Last September, Stalin compared "Sanatan Dharma" to diseases like dengue, malaria, COVID-19, etc., saying it should be eradicated. While Stalin said he was referring to the caste system, the ruling Bharatiya Janata Party (BJP) and other Hindu organizations condemned his statement. Later, several DMK and Congress leaders allegedly came to his defense. The remarks left the opposition bloc, the Indian National Developmental Inclusive Alliance (INDIA), of which the DMK is a member, open to BJP attacks.
Stalin's defense and Supreme Court's response
In his defense, Stalin referred to rulings from cases involving journalists like Arnab Goswami of Republic TV, Mohammed Zubair, Amish Devgan, and Nupur Sharma. However, the bench clarified that his situation was distinct from those of media personnel. The court emphasized that he could not equate himself with the media as the cases he mentioned involved journalists following their superiors' orders for TRPs.
Court questions Stalin's choice of legal remedy
Abhishek Manu Singhvi, a senior advocate representing Stalin, cited BJP spokesperson Nupur Sharma's case where multiple FIRs were transferred to one state. The Supreme Court queried why Stalin had chosen to file a petition under Article 32 (remedies for enforcement of fundamental rights) of the Constitution instead of invoking Section 406 (power of Supreme Court to transfer cases and appeals) of the Code of Criminal Procedure (CrPC).
Court directs Stalin to revise plea, sets hearing date
The court instructed Stalin to revise his plea and submit it under Section 406 CrPC. The case is scheduled for hearing in the week starting May 6. Previously, the apex court had expressed its disapproval over Stalin's comments reminding him that he is a minister and should be mindful of his statements' repercussions.
