New Delhi: The Supreme Court on Friday sought response from multiple state governments and complainants on a plea filed by Tamil Nadu Minister Udhayanidhi Stalin seeking a direction to club the criminal cases registered against him for his controversial remarks on Sanatana Dharma.
The SC sought responses from the Uttar Pradesh, Maharashtra, Karnataka, Bihar and Jammu and Kashmir where cases were registered against the DMK leader. Stalin, the Minister of Youth Welfare and Sports in the state, is a well-known film actor and son of Chief Minister and DMK chief, MK Stalin.
A bench comprising justices Sanjiv Khanna and Dipankar Datta allowed the amendment of the petition moved by Stalin. “Amendment application is allowed. The writ petition will be taken on record and notice will be served accordingly”, said Justice Khanna. Stalin was represented by senior advocate AM Singhvi and P Wilson before the apex court.
On April 1, the bench had questioned why Stalin had filed 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).
The apex court had told Udhayanidhi Stalin that Nupur Sharma, former spokesperson of the BJP, is a political leader but not as important as he is, after his counsel cited the clubbing of FIRs in Sharma’s case.
The apex court asked Stalin how he could approach it under writ jurisdiction with his plea for clubbing of multiple FIRs for his "eradicate Sanatan dharma" remark, and also told him that the media cannot be equated with ministers for clubbing of FIRs.
The apex court had told senior advocate AM Singhvi, representing Udaynidhiu Stalin, “the writ jurisdiction under Article 32 is not intended to facilitate avoidance of obligations voluntarily incurred, after all you have made the speech, we do not know whether it is in public view or not. But now that summons have been issued you cannot by filing a 32 (petition under Article 32) and come here”.
The bench told Singhvi that in some cases, cognisance has been taken and summons have been issued. "Judicial proceedings cannot be touched by the Supreme Court under writ jurisdiction,” he added.
The bench told Singhvi that the decisions cited that in most cases, the petitioners are people from the media fraternity. "They are acting under dictates of their employer, they have to increase the TRP. You cannot equate a media person with a minister, please keep it in mind,” he added.
The bench had then allowed Stalin to amend his plea to bring it under Section 406 CrPC and listed the matter for hearing in the week commencing on May 6.
Speaking at a conference in September 2023, Udhayanidhi Stalin said Sanatana Dharma is against social justice and equality and should be "eradicated'. Likening Sanatana Dharma to coronavirus, malaria and dengue, he said that it should be destroyed.
Read More:
