Chennai (Tamil Nadu): Public discourse and debate on eradicating Sanatan Dharma being ideological and political could not be construed as unconstitutional and hence the judiciary could not intervene in the matter, Madras High Court was told on Monday. And, the Additional Solicitor General (ASG) appearing for one of the three petitioners seeking disqualification of Udhayanidhi Stalin as a minister makes it clear that it is the handiwork of the BJP and a 'classic case of abuse of the process of the Court,' it was submitted.
Questioning the maintainability of the Quo Warranto Writ petition, senior counsel P Wilson, argued that it is politically motivated and should be dismissed in-limine with exemplary costs at the threshold. Submitting the written submission, he told the court that 'the invisible hand of the BJP to seed its political ideology in the soil of Tamil Nadu can be seen in this Writ Petition.'
The petitioner is an officer bearer of Hindu Munnani, an offshoot of the RSS, the ideological mentor of the BJP, the party in power at the Centre, it was pointed out.
"A certain ideology which is opposed to the more than 100 years old Dravidian ideology is attempting to use the Court's process to settle political and social questions... the BJP has only suffered debilitating defeats in Tamil Nadu over the years. After facing consecutive losses in the People's Court, the petitioner is attempting to use the Hon'ble Court as the battleground for what is essentially a political and social debate, not a legal question,” it was maintained.
Further, it was said, “The majority of the people in this great State of Tamil Nadu follow the Dravidian ideology and have voted him to office because I am an heir of that ideology...The message I preach is what has been preached by the architect of the Constitution Dr (Babasaheb) Ambedkar and Dravidian leaders like Thanthai Periyar, former Chief Minister Perarignar Anna (CN Annadurai)...The DMK party has a cadre of more than two crores, who believe in this ideology,” it was submitted.
While making it clear that he had great respect for all religions, Udhayanidhi said, “it is my duty to speak about irrational beliefs and discrimination prevalent in society in the name of religion...the right to be a rationalist and atheist is also traceable to Article 25. The petitioner has misunderstood that Article 25 guarantees the right only to theists. It also secures the right to practice and propagate atheism,” adding “In any case, the theological debate of theism Vs atheism cannot be had on this Hon'ble forum.”
On disqualification, it was pointed out that Quo Warranto could be issued only when the initial appointment is made contrary to the Constitution and not the Book published by the Central Hindu College, Benares, on which the petitioner has hinged his entire case.
“Let's destroy the authority of the ancient Hindu scriptures that are borne in inequality,” he said quoting Dr Ambedkar, who burnt Manu Smriti in the Mahad Satyagraha in 1927. The Written submission also had extensive quotes from Manu Smriti to prove that Sanatan is discriminatory.
The petitioner, T Manohar is an office bearer of Hindu Munnani, and has filed the petition following Udhayanidhi's speech at the Sanatan Eradication Conference on September 2, wherein, he likened it to dengue and malaria which have to be extinguished. Two other Hindu Munnani functionaries have filed similar petitions against Tamil Nadu HR&CE Minister PK Sekar Babu and DMK leader and former Union Minister A Raja, MP.
