On Friday, September 22, the Supreme Court of India sought responses from the Tamil Nadu government and its minister Udhayanidhi Stalin on a plea seeking an FIR against him for his hateful remarks against Sanatana Dharma and calling for its eradication.
However, while doing so, the apex court refused to tag the case with the ongoing petitions filed against the alleged ‘hate speech’ at Haridwar Dharm Sansad, pointing out that the context of this case is different.
BREAKING: Supreme Court issues notice in plea against Udhaynidhi Stalin’s hate speech against Sanatana Dharma, but refuses to tag it with Hate Speech cases against Haridwar Conferences
— LawBeat (@LawBeatInd) September 22, 2023
Says “Context is different here, You are converting us into a police station” https://t.co/4z3BvIHfLo
The apex court was responding to a plea filed by B Jagannath seeking an FIR against the Tamil Nadu minister on grounds that the remarks are akin to hate speech and that the top court had in similar matters passed several directions, including registration of FIR.
“This court has taken note of similar matters where individuals make such a statement against another’s faith but in this case, it is a minister making the statement. Here it is a state, which is telling the school students that so and so religion is wrong,” Senior advocate Dama Seshadri Naidu, appearing for the petitioner, submitted before the bench of Justices Aniruddha Bose and Bela M Trivedi.
The bench asked Naidu what was he seeking from the court, to which the senior lawyer said he was seeking a restraining order against the minister (Stalin) from making any such statement and secondly that an FIR be registered.
Despite its initial reluctance to hear the petition, the bench eventually accepted the senior counsel’s arguments to issue notice to the TN Govt and the DMK Minister Udhayanidhi Stalin. However, the court refused to tag the case with the slew of hate speech petitions at this point. In closing, Justice Bose expressed his displeasure with litigants who approach the Supreme Court directly.
“Why can you not go to the high court? You are converting us into a police station,” the judge exclaimed.
When questioned on the Supreme Court decision to issue notice to Udhayanidhi Stalin for his disparaging remark against Sanatan Dharma, DMK leader TKS Elangovan brazened it out saying that their party will ask the central government to explain what is ‘Sanatan Dharma’ before the court.
“There was a petition filed and they are seeking the clarification. Let the clarification go… The matter is before the court, we will ask them (Central govt) to explain what is ‘Sanatan Dharma’, whether it talks about equanimity in a civilised society or old barbaric method. Let them explain. We will respond to court…”, the DMK leader was quoted by ANI as responding.
#WATCH | On Supreme Court issuing notice to Tamil Nadu government and DMK leader Udhayanidhi Stalin for his remarks on 'Sanatan Dharma', DMK leader TKS Elangovan says, "There was a petition filed and they are seeking the clarification. Let the clarification go… The matter is… https://t.co/Is7imXLILS pic.twitter.com/nbMbYWwUTi
— ANI (@ANI) September 22, 2023
Udhayanidhi Stalin’s ‘Sanatana Dharma needs to be eradicated’ remark
Udhayanidhi Stalin’s hateful statement sparked nationwide outrage. Udhayanidhi was backed by I.N.D.I alliance leaders including the Congress. Sources reportedly said that Prime Minister Modi asked his ministers to counter the Opposition’s narrative on Sanatana Dharma with facts.
Several FIRs were filed in different states against Stalins’ anti-Sanatan remarks.
On September 13, a First Information Report (FIR) was registered against Tamil Nadu minister Udhayanidhi Stalin in Mumbai over his remarks insulting Sanatana Dharma on 2 September. The FIR, registered by the Mira Road police, was filed under Sections 153A and 295A of the Indian Penal Code (IPC).
Earlier, an FIR was filed in Uttar Pradesh against the son of Tamil Nadu CM for his disparaging remarks about Sanatana Dharma.
However, the leader refused to take back his words and said that he stood by each and every word he said about Sanatan Dharma. He also said that he was ready to face legal action for the comments and that he would fight it out in court.
Haridwar Dharm Sansad ‘hate speech’ case
In 2021, allegations of hate speech surfaced against the 3-day ‘Dharm Sansad’ event held in Haridwar. that was organised by Yati Narsinghanand and another one that was organised in Delhi by the Hindu Yuva Vahini.
It may be recalled that a day after speeches of leaders like Yati Narsinghanand and other Hindu leaders went viral, an FIR was filed in Uttarakhand over the speeches that called upon Hindus to collect arms. The speeches were deemed as provocative and social media was rife with Leftists and Islamists claiming that the speeches called for a Muslim genocide.
An FIR was also filed against Waseem Rizvi (now Jitendra Narayan Tyagi) and several others involved in the event on the basis of a complaint by one Gulbahar Khan. As per the complaint, Rizvi and some other individuals made derogatory remarks against the Islamic prophet Mohammad and the followers of Islam. The complaint further stated that the remarks were derogatory and provocative in nature and were made under a pre-planned conspiracy.
76 Supreme Court Lawyers have written a letter to CJI NV Ramana concerning the two events asking him to take suo moto cognisance of alleged hate speech made at the two events.
In January 2022, the Supreme Court issued notice on a PIL seeking a probe into the alleged hate speech by the Hindu leaders.
