'Why should we entertain writ petition:' SC asks Udhayanidhi Stalin over clubbing FIRs on Sanatan Dharma row

The Supreme Court on Monday asked the Tamil Nadu Minister 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.

"In some cases, cognisance has been taken and summons have been issued. Judicial proceedings cannot be touched by the Supreme Court under writ jurisdiction," a bench of Justices Sanjiv Khanna and Dipankar Datta told senior advocate A M Singhvi, appearing for Udhayanidhi.

The bench opined 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.

The court also said 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, a sitting minister.

Singhvi, however, contended the case of Nupur Sharma was not that of journalist.

He also 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.

The bench finally allowed the petitioner to amend the petition in view of legal issues.

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.

On March 4, the 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, saying as a minister he should have been aware of the consequences.

He had cited the Supreme Court's judgments in case of Arnab Goswami, Mohd Zubair, Amish Devgan, Nupur Sharma on clubbing of FIRs.

In a meeting held on September 2, 2023 as 'Sanatana Dharma Eradication conference', Udhayanidhi Stalin allegedly made hate speech against Hindu Dharma.

He compared Sanatana Dharma to coronavirus, malaria and dengue, which should be destroyed.

In his writ petition, Udhayanidhi asked the top court to club the FIRs registered in Uttar Pradesh, Bengaluru, Patna, Jammu and other places.