Sanatana dharma row: SC asks Udhayanidhi Stalin to amend plea due to 'legal issues'

The Supreme Court asked Tamil Nadu minister Udhayanidhi Stalin why he had approached the apex court to file under writ jurisdiction a plea for clubbing of multiple FIRs against him for his "eradicate Sanatan dharma" remark.

He could have filed a petition in the apex court under section 206 of CrPC seeking the transfer of criminal cases, said a bench of Justice Sanjiv Khanna and Justice Dipankar Datta on April 1.

It cannot be filed under Article 32 of the Constitution which deals with writ jurisdiction, pointed out the bench. "You see, in some cases, cognisance has been taken and summons have been issued. Judicial proceedings cannot be touched by the Supreme Court under writ jurisdiction," Justice Datta said.

The bench allowed Udhayanidhi Stalin to amend his plea in view of "legal issues" and list the matter in the week commencing on May 6.

Not a political warcry

Senior advocate Abhishek Singhvi, appearing for the Tamil Nadu minister, said the intention behind making the remark was not to make a "political warcry" as it was only a gathering of 30 to 40 people.

Justice Datta referred to the cases Udhayanidhi Stalin has cited, including that involving journalists and political persons, for clubbing of FIRs and said media persons cannot be equated with ministers.

Udhayanidhi Stalin, the minister of youth welfare and sports in Tamil Nadu, is a well-known film actor and son of Chief Minister and DMK chief M K Stalin.

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 it should be destroyed. 

(With input from agencies)