‘Misuse Right’: SC Rebukes DMK Leader Udhayanaidhi Stalin Over ‘Sanatan Dharma’ Remark

The Supreme Court rebuked Tamil Nadu Sports Minister Udhayanidhi Stalin on Monday for his ‘eradicate Sanatan Dharma’ remark and questioned why he has approached the top court with his plea after abusing his right of freedom of speech and expression.

A bench of justices Sanjiv Khanna and Dipankar Datta reminded Stalin that as a minister, he should understand the consequences of his statement.

“You misuse your right under Article 19(1)(a) of the Constitution. You misuse your right under Article 25. And now you are exercising your right under Article 32 to file a plea in the Supreme Court? Do you not comprehend the consequences of your words? You are not an ordinary individual. You are a minister. You should be aware of the repercussions,” the bench remarked before adjourning the matter to March 15, 2024.

Udhayanidhi Stalin, the Minister of Youth Welfare and Sports of Tamil Nadu, is a well-known film actor and the son of Tamil Nadu Chief Minister and ruling DMK chief M K 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 advocated for its destruction.

Senior advocate Abhishek Singhvi, representing Stalin, submitted that he was not justifying his client’s comments but only seeking consolidation of FIRs lodged against him in six states.

The apex court then directed him to approach the concerned high courts. Referring to top court orders in cases involving journalist Arnab Goswami, BJP leader Nupur Sharma, and others, Singhvi noted that in all these cases, the top court had agreed to consolidate the FIRs.

”I’m not saying one word on merits (of the case), I’m not justifying or criticizing. Let the merits of the case not affect the plea for consolidation of the FIRs,” Singhvi said.

The apex court stated it would hear the matter on March 15 after reviewing the judgments and progress of trials in some of the FIRs.

On September 22, 2023, the apex court had consented to entertain a petition filed by Chennai-based lawyer B Jagannath, seeking the registration of an FIR against Stalin and his supporters, likening his remarks to hate speech.

In his plea, Jagannath has requested direction for the Tamil Nadu police chief to promptly file a First Information Report (FIR) against the organizers of the conclave and those allegedly delivering “hate speeches” there, including ministers Udhayanidhi Stalin, PK Sekar Babu, and others. The petitioner has also urged the court to declare the participation of state ministers in the event titled ‘Sanatana Dharma Eradication’ conference in Chennai on September 2, 2023, as unconstitutional.