The Supreme Court on Monday asked DMK leader Udhayanidhi Stalin as to why it should entertain a writ petition by him for clubbing of multiple FIRs lodged against him for his controversial remarks related to eradication of Sanatan Dharma.
A bench of Justice Sanjiv Khanna and Justice Dipankar Datta told Senior Advocate Abhisekh Manu Singhvi, appearing for DMK leader Udhayanidhi Stalin that in some cases, cognisance has been taken and summons have been issued. The bench added that judicial proceedings cannot be touched by the Supreme Court under writ jurisdiction.
The bench further opined that he could have filed a petition in the Supreme Court under Section 406 of CrPC, seeking transfer of criminal cases but not under Article 32 of the Constitution.
The court stated the cases cited by the petitioner in support of his plea were related to journalists, who might be working under the instructions but this was not the case with Udhayanidhi Stalin, a sitting minister.
The counsel for DMK leader contended that the case of former BJP spokesperson Nupur Sharma was not that of journalist. He further submitted that the intention behind making the remark was not to make a political warcry as he was addressing a gathering of only 30 to 40 people. Subsequently, the bench allowed the petitioner to amend the petition in view of legal issues.
Earlier on March 4, the top court had pulled up Udhayanidhi Stalin for making his anti Hindu statements and seeking a relief for clubbing multiple FIRs lodged against him across the country. The court remarked that as a minister he should have been aware of the consequences.
The DMK leader had cited the Supreme Court’s judgments in case of Arnab Goswami, Mohd Zubair, Amish Devgan, Nupur Sharma on clubbing of FIRs. DMK leader Udhayanidhi Stalin allegedly made hate speech against Hindu Dharma in a meeting held on September 2, 2023 as Sanatana Dharma Eradication conference. The leader compared Sanatan Dharma to coronavirus, malaria and dengue, which should be destroyed.
In the writ petition, DMK leader Udhayanidhi asked the top court to club the FIRs registered in Uttar Pradesh, Bengaluru, Patna, Jammu and other places.