New Delhi: The Supreme Court on Thursday issued an order preventing the registration of any new criminal cases against Tamil Nadu Minister and Dravida Munnetra Kazhagam (DMK) leader Udhayanidhi Stalin over his remarks on Sanatana Dharma, unless approved by the apex court.
A Bench led by Chief Justice of India (CJI) Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, passed this interim directive in response to Stalin’s plea to consolidate all criminal proceedings initiated against him across different states.
"List in April. The interim order shall remain in effect and will extend to any newly added cases. We direct that no further FIRs be registered on the same issue," the Bench stated.
This decision follows an amendment application that highlighted a fresh First Information Report (FIR) filed against Stalin in Bihar.
The issue originated in September 2023, when Stalin made controversial remarks during an event hosted by the Tamil Nadu Progressive Writers Artists Association in Chennai. He stated:
"Just as diseases like dengue, malaria, or coronavirus need to be eradicated, so does Sanatana."
His statement led to multiple FIRs being filed in different parts of the country. Seeking relief, Stalin moved the Supreme Court, requesting the clubbing of all these cases so they could be addressed collectively.
The Supreme Court initially expressed reservations over Stalin’s remarks, suggesting that his statements could be interpreted as an overreach of his constitutional rights under Article 19(1)(a) (freedom of speech and expression) and Article 25 (freedom of conscience and religious practice).
In May 2024, the Court issued notices to multiple State governments and complainants, seeking their responses to Stalin’s petition.
During the hearing, Senior Advocate Dr. AM Singhvi, representing Stalin, pointed out that others had made even more controversial statements but had not faced similar legal action.
"In cases like Arnab Goswami and Nupur Sharma, FIRs were consolidated at the outset. Nupur Sharma’s remarks were even more inflammatory," Singhvi argued.
Solicitor General (SG) Tushar Mehta, representing the Maharashtra government—where one of the cases against Stalin was filed—strongly opposed the plea, describing Stalin’s remarks as highly irresponsible.
"This was an event specifically aimed at opposing Sanatana Dharma. He did not just criticize but called for its eradication, equating it with a disease like COVID-19. If a leader from another state had made a similar comment about another religion, the response would be very different," SG Mehta contended.
Responding to this, CJI Khanna remarked, "As the apex court, we will refrain from commenting further, as it could influence the trial process."
There were heated exchanges in the court. Senior Advocate P Wilson, also representing Stalin, made a light-hearted remark directed at SG Mehta.
“I would like to invite the SG to visit Tamil Nadu and understand our perspective firsthand,” Wilson said.
To this, SG Mehta retorted, "These statements were made in your state, but I am addressing the court, not engaging in public debates."
Singhvi remarked, "You seem more passionate than even the complainants in this case."
SG Mehta responded, "Yes, I acknowledge that."
Wilson concluded, "You are going beyond your legal mandate."
The Supreme Court has now scheduled the next hearing for April and reaffirmed its interim protection for Stalin, ensuring that no new FIRs related to this issue are registered in the meantime.
