The Supreme Court on Monday criticized Dravida Munnetra Kazhagam (DMK) leader Udhayanidhi Stalin for his September comments advocating the eradication of “Sanatana Dharma,” deeming it an abuse of the right to free speech. The court urged him to be cautious before making such statements, emphasizing his position as a Tamil Nadu minister.
During the hearing on Stalin’s plea to consolidate criminal cases filed against him in six states over his remark, the bench of justices Sanjiv Khanna and Dipankar Datta asserted, “You are not a layman. You are a minister. You should have realized the consequence of your remarks.”
Stalin’s advocate, senior lawyer Abhishek Manu Singhvi, argued that the comments were made in a closed-door meeting, not a public function. Singhvi expressed concern over Stalin being pursued across multiple states, stating, “All cases emerge from one statement.”
Singhvi contended that the current situation amounted to persecution before prosecution, emphasizing the cases in Uttar Pradesh, Bihar, Karnataka, Jammu and Kashmir, and Mumbai. He invoked Article 32, asserting the right to move the Supreme Court for the enforcement of fundamental rights.
However, the court questioned the validity of Article 32 as a remedy after a person has abused fundamental rights under Article 19(1)(a) for free speech and expression and Article 25 (freedom to practice and propagate religion). The bench remarked, “You abuse your Article 19(1)(a)…Article 25… Now you want to exercise your Article 32…Do you know the consequences of what you said?”
Initially suggesting that Singhvi approach individual high courts, the court questioned the need for witnesses from Jammu and Kashmir to travel to Tamil Nadu. Singhvi referenced similar situations involving journalists Arnab Goswami, Amish Devgan, BJP leader Nupur Sharma, and fact-checker Mohammad Zubair, where orders to consolidate cases were issued.
The court agreed to consider these precedents and review the proceedings in each case against Stalin before the next hearing scheduled for March 15. As of now, two petitions seeking criminal prosecution for Stalin’s remarks are pending before the Supreme Court.
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