Tamil Nadu Minister Udhayanidhi Stalin, who approached the Supreme Court seeking a club of multiple FIRs against him for his "eradicate Sanatan dharma" remark, was asked how can he approach the apex court under writ jurisdiction with his plea.
The Supreme Court on Monday questioned Stalin for his plea under writ jurisdiction. A bench of Justice Sanjiv Khanna and Justice Dipankar Datta told the minister that he could have filed a petition in the apex court under section 406 of CrPC, seeking transfer of criminal cases but not under Article 32 of the Constitution which deals with writ jurisdiction.
"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 said.
The apex court allowed Udhayanidhi to amend his plea in view of "legal issues" and list the matter in the week commencing on May 6.
Senior advocate Abhishek Singhvi, appearing for the Tamil Nadu minister, said the intention behind making the remark was not to make a "political warcry" as it was only a gathering of 30 to 40 people.
Justice Datta referred to the cases Udhayanidhi Stalin has cited, including that involving journalists and political persons, for clubbing of FIRs and said media persons cannot be equated with ministers.
Udhayanidhi, 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.
What was the case?
Udhayanidhi, while speaking at a conference in September 2023, triggered a political outrage led by the Bharatiya Janata Party (BJP) by saying Sanatana dharma is against social justice and equality and should be "eradicated'.
The Tamil Nadu minister added fuel to the fire by likening Sanatana dharma to coronavirus, malaria and dengue and urging it should be destroyed.
(With PTI inputs)
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