Sanatana Dharma case: SC to hear T.N. Minister Udayanidhi Stalin’s plea to club FIRs in multiple States
The Hindu
The Supreme Court on Monday decided to examine on March 15 a plea by Tamil Nadu Minister Udhayanidhi Stalin to club First Information Reports (FIRs) registered against him in multiple States over his remarks on ‘Sanatana Dharma’.
The Supreme Court on Monday inclined to examine a plea by Tamil Nadu Minister Udhayanidhi Stalin to club First Information Reports (FIRs) registered against him in multiple States over his remarks on ‘Sanatana Dharma’.
Initially the Bench of Justices Sanjiv Khanna and Dipankar Datta said Mr. Stalin was no layman, and should have realised the consequences that would follow his remarks.
Mr. Stalin responded that he was not before the Supreme Court on the merits of the case, but on a question of procedure. He said the registration of multiple FIRs was a violation of his right to fair trial and amounted to “persecution before prosecution”.
“You abuse Article 19(1)(a) [free speech], you abuse Article 25 [freedom of conscience]. Now you are coming here under Article 32 [writ protection of fundamental rights]... You are not a layman. You are a Minister. You should have realised the consequences,” Justice Datta addressed senior advocates A.M. Singhvi, Mukul Rohatgi and P. Wilson, appearing for the Tamil Nadu Minister.
Justice Khanna said Mr. Stalin could approach the High Courts in each of these States. The judge reasoned that it was not even certain at present whether charge sheets would even be filed in all these FIRs spread across Uttar Pradesh, Maharashtra, Bihar, Karnataka and Jammu and Kashmir for various offences, including promoting communal enmity and outraging religious feelings.
Mr. Singhvi said there were instances in the past, in the cases of TV anchors Arnab Goswami, Amish Devgan and Nupur Sharma, when the top court had intervened and clubbed the FIRs in one place.
“I may lose or win the case on merits. But this is persecution, making me run around. The FIRs are based on the same statement,” Mr. Singhvi submitted.
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