New Delhi: The Supreme Court has just ruled that no new FIRs can be filed against Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin over his controversial "eradicate Sanatan Dharma" comments made in 2023, unless the court gives permission.
A Supreme Court bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar has ruled that multiple FIRs cannot be filed against Udhayanidhi Stalin for the same issue, also exempting him from personal appearances in lower courts for existing FIRs related to his 2023 remarks.
The Supreme Court has issued notices to several states where fresh FIRs were lodged against Stalin, as it considers his plea to consolidate and transfer multiple cases against him to a single location for further proceedings.
“Liberty is granted to newly added respondents (states) to file a response within 15 days from the date of service and a rejoinder, if any, to be filed after 15 days. The interim order will continue and will equally apply to the cases mentioned in the amended writ petition. We direct no further cases be registered without the permission of this court," the bench's order said.
Senior advocate Abhishek Singhvi, representing Udhayanidhi Stalin, argued that since the alleged incident took place in Tamil Nadu, all FIRs filed in various locations, including Patna, Jammu, Bangalore, and Maharashtra, should be transferred to Tamil Nadu.
Singhvi said a fresh case was registered against Stalin in Bihar, and a plea for amendment was filed seeking to implead the complainants there in the pending petition.
He referred to the apex court decisions in the case of TV anchor Arnab Goswami, Alt News co-founder Mohammad Zubair, and politician Nupur Sharma and said cases arising out of one incident couldn't be allowed to continue in different places.
"In Nupur Sharma, the words are supposed to be much more offensive; this court transferred in all other cases to the first place where the FIR was first registered. That is the solution in this case," Singhvi said.
Solicitor General Tushar Mehta said the deputy CM's remarks were made at a "Sanatan Dharma Eradication Conference," where he compared Sanatana Dharma to diseases like malaria and coronavirus, stating it needed to be eradicated.
“Kindly appreciate that if a chief minister of another state says similar things about a particular religion, say Islam, should be eradicated, it wouldn't be tolerated,” the law officer said.
The CJI stated that the court's primary concern is not the merits of the case but rather whether it should be transferred to a single location. Meanwhile, Mehta argued that simply because Hindus didn't react to the leader's statements, it doesn't mean the leader should be allowed to make such remarks.
The CJI added that the apex court should refrain from commenting on any words, as they have an impact on the trial.
The case has been adjourned until April 28.
Speaking at a conference in September 2023, Udhayanidhi Stalin reportedly said Sanatan Dharma was against social justice and equality and should be "eradicated" and compared it to coronavirus, malaria, and dengue, asking it to be "destroyed."
(inputs from PTI)