New Delhi: The Supreme Court on Wednesday issued notice on Tamil Nadu Minister Udhayanidhi Stalin's plea seeking a direction to club the criminal cases registered against him across multiple states in connection with his controversial remarks on 'Sanatana Dharma'. 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.
A bench comprising justices Sanjiv Khanna and Sanjay Kumar orally observed that the cases against Stalin should go outside Tamil Nadu. "You can't be in the state of Tamil Nadu, you will have to go out...tell us which is the most convenient state….”, said Justice Khanna.
Stalin filed a petition seeking the consolidation of 3 FIRs and five complaints filed in Jammu and Kashmir, Uttar Pradesh, Rajasthan, Bihar, Maharashtra, and Karnataka and the transfer of the same to one of the criminal courts/ police stations.
In May this year, the apex court had allowed the amendment petition to include one more criminal case in the prayer. Today, during the hearing senior advocate P Wilson, representing Stalin, submitted that 3 FIRs have been filed in Maharashtra, Uttar Pradesh and Rajasthan, and five criminal complaints have been filed in 5 different places/ States for the speech made by petitioner in September 2023.
Wilson submitted that the right to free trial is a fundamental right, and for one speech, there cannot be different complaints and FIRs in other states. He said all the above cases and FIRs are consolidated and transferred to one criminal court and police station. He also submitted that due to the pendency of the writ petitions before the Supreme Court without any stay, the criminal courts have taken advantage of this and started insisting upon Stalin's appearance, therefore, his appearance before the criminal courts has to be dispensed with. Senior advocate Abhishek Manu Singhvi, also representing Stalin, submitted that there are 3 judgments wherein Supreme court exercised power of consolidation and transfer and hence writ petition is maintainable.
A counsel, appearing for one of the respondents’, submitted that all cases have to be consolidated and transferred to Uttar Pradesh or Delhi and that would be easier for complainants. Wilson objected to this suggestion and submitted that already a priest in Uttar Pradesh had announced a reward of Rs 10 crore to behead Stalin, and therefore it would not be appropriate to have the matter conducted at either Uttar Pradesh or Delhi. The apex court ordered dispensing with the appearance of Stalin before the respective criminal courts .
“Issue notice to the respondents in terms of the amended writ petition returnable in the week commencing November 18, 2024. The petitioner may appear through an authorized representative before the courts concerned and would be granted exemption from personal appearance. Reply may be filed within 4 weeks from date of service”, said the bench.
Speaking at a conference in September 2023, Udhayanidhi Stalin said Sanatana Dharma is against social justice and equality and should be "eradicated'. Likening Sanatana dharma to coronavirus, malaria and dengue, he said it should be destroyed.
