“How Can He Approach It Under Writ Jurisdiction For Clubbing FIRs”: SC Asks Udhayanidhi Stalin

The Supreme Court on Monday has asked Tamil Nadu Minister Udhayanidhi Stalin that how he can approach the apex court under writ jurisdiction with his plea for clubbing of multiple FIRs for his “eradicate Sanatan dharma” remark.

The bench of Justices Sanjiv Khanna and Dipankar Datta told the minister that he could have filed a petition in the apex court under section 406 of CrPC, seeking transfer of criminal cases but not under Article 32 of the Constitution which deals with writ jurisdiction.

Justice Datta stated, “You see, in some cases, cognisance has been taken and summons have been issued. Judicial proceedings can’t be touched by the Supreme Court under writ jurisdiction.”

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.

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 – 40 people.

Justice Datta referred to the cases Udhayanidhi Stalin has cited, including that involving journalists and political persons, for clubbing of FIRs and stated media persons can’t 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 MK Stalin.

Speaking at a conference in September 2023, Udhayanidhi Stalin stated that 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.