Sanatana Dharma Row| Supreme Court Extends Interim Order Exempting Udhayanidhi Stalin's Personal Appearance Before Trial Courts

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the plea by Tamil Nadu Minister Udhayanidhi Stalin's for clubbing of criminal cases registered against him across multiple states over his controversial 'Sanatana Dharma' remarks.

The Court after giving another opportunity to respondents (who were not served notice) to file a response, passed the following direction :

"We clarify that proceedings may continue but exemption from personal appearance will continue"

However, when the counsels informed the bench that the proceedings are still at a 'nascent' stage, the Court modified the order as follows:

"The petitioner in terms of the earlier order will continue to have the benefit of grant of exemption from personal appearance." The matter will be next posted in February 2025.

The Court had issued notice in the matter on August 14 and Stalin was exempted from physical appearance before the lower courts.

Stalin had filed the instant case under Article 32 of the Constitution seeking reliefs in connection with the cases registered against him across the country over the controversial 'Sanatana Dharma' remarks. However, in April, the top Court asked his lawyers to examine if he can instead pursue an application under Section 406 CrPC for clubbing of the cases.

Subsequently, Stalin preferred an application seeking amendment of the prayer clause. This application was allowed in May.

Notably, a total of 3 FIRs and 5 complaints have been registered. Respondents' counsel raised a preliminary issue, saying that there is a specific provision under Section 406 CrPC (Power of Supreme Court to transfer cases and appeals) and only the FIRs could be clubbed, not the complaints.

It may also be mentioned that the names of the states/cities of Kerala, Bangalore and Patna came up during the hearing for the trial of the cases. The bench briefly considered Bangalore to be a good prospect, when it was pointed out that a case was already pending there. However, doubts arose when it was highlighted that the case in Bangalore has been stayed, albeit qua co-accused.

Udhayanidhi Stalin, DMK leader and son of Tamil Nadu Chief Minister MK Stalin, came under the scanner in September last year for his remarks comparing 'Sanatana Dharma' to diseases like 'malaria' and 'dengue' while advocating for its elimination on grounds that it was rooted in the caste system and historical discrimination. This not only triggered a major political row, but also led to several criminal complaints against Udhayanidhi, besides pleas being filed in the Supreme Court seeking action against him.

Case Title: Udhayanidhi Stalin v. The State of Maharashtra and Ors., W.P.(Crl.) No. 104/2024