New Delhi: The Supreme Court on Monday told Tamil Nadu Minister Udhayanidhi Stalin that Nupur Sharma, former spokesperson of the BJP, is a political leader but not a political leader as important as he is, after his counsel cited the clubbing of FIRs in Sharma’s case.
The apex court asked Stalin how he can approach it with his plea for clubbing of multiple FIRs for his "eradicate Sanatan dharma" remark, and also told him that for clubbing of FIRs media persons cannot be equated with ministers. 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 Sanjeev Khanna and Dipankar Datta told senior advocate A M Singhvi, representing the Udhayanidhi Stalin, “the writ jurisdiction under Article 32 is not intended to facilitate avoidance of obligations voluntarily incurred, after all you have made the speech, we do not know whether it is in public view or not. But now that summons have been issued you cannot by filing a 32 (petition under Article 32) and come here”. Stalin was also represented by senior advocate P Wilson.
The bench told Singhvi, "You see, in some cases, cognisance has been taken and summons have been issued. Judicial proceedings cannot be touched by the Supreme Court under writ jurisdiction”.
Justice Datta told Singhvi, “The decisions you have cited, you have to see who is the petitioner before the court. Mostly those were news people/media people. They are acting under dictates of their employer, they have to increase the TRP. You cannot equate a media person with a minister….please keep it in mind”.
Singhvi sought time to file a compilation consisting of further FIRs/summons filed in a state and a submission note regarding the apex court’s power to club and transfer FIRs."How was Sushant Singh Rajput transferred to CBI? I was in Bombay then and matters there became infructuous," Justice Datta said.
Justice Datta said it was a transfer petition and the order was issued by a single judge of the Supreme Court and added "just check up and I may be wrong". He said it was a judgment by justice Hrishikesh Roy sitting singly. Singhvi cited clubbing of FIRs in Nupur Sharma, who had FIRs in different states against her before it was transferred to one state, and Mohammed Zubair cases.
Justice Datta said one is Arnab Goswami and Mohammed Zubair is also a media person. Singhvi said Nupur Sharma is not and she is a pure politician. “She is a political leader but not a political leader of as much importance as your client….”, said justice Datta.
The bench said Zubair is the co-founder of ALT News. Singhvi said his client made the statement behind a closed-door meeting and not a public rally. “I am saying that the intent was not make a political….it was 20-40 people in a study group”, said Singhvi. Justice Khanna said a very limited issue is before the court that is the clubbing of the various FIRs at one place. Singhvi said FIRs were registered in five states.
The bench questioned why Stalin had filed a petition under Article 32 (remedies for enforcement of fundamental rights) of the Constitution instead of invoking Section 406 (power of Supreme Court to transfer cases and appeals) of the Code of Criminal Procedure (CrPC).
The bench allowed Stalin to amend his plea to bring it under Section 406 CrPC and listed the matter for hearing in the week commencing on May 6. 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.
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