Anti-Sanatana Dharma remarks: Onus of providing evidence is on petitioner and not me, says Udhayanidhi

Udhayanidhi's advocate P Wilson told the court that the BJP was conduct a trial on social media and was politicising the issue.

ByVinodh Arulappan

Published Oct 31, 2023 | 8:43 PMUpdatedNov 01, 2023 | 10:28 AM

Anti-Sanatana Dharma remarks: Onus of providing evidence is on petitioner and not me, says Udhayanidhi

Tamil Nadu Youth Welfare and Sports Development Minister Udhayanidhi Stalin on Tuesday, 31 October, submitted before the Madras High Court that the petitioner, who had filed a complaint against him over his alleged anti-Sanatana Dharma remarks, should produce the related evidence.

He also submitted that the court could not compel him to do anything against his Constitutional right.

Arguing on the quo warranto petitions filed against him, Udhayanidhi’s advocate P Wilson told the court that the BJP was conducting a trial on social media and was politicising the issue.

Wilson said Udhayanidhi could not provide any material that would go against his party in the court. He added that let the petitioner file the evidence.

Overruling the objection, Justice Anita Sumanth, who was hearing the case, reminded Wilson that he undertook to provide the evidence during the last hearing and ought to provide it to assist the court when the court asked him to give it.

The judge made it clear that she would not allow politicisation of the case and would listen only to the arguments advanced before her.

Related: ‘Petition against me due to ideological differences’

‘Court cannot compel’

Contending that the court could not compel respondent — Udhyanidhi — to do anything against his constitutional right, his counsel sought a direction from it to the petitioner to submit such materials as the onus lay on him.

He also asked why the organisers of the event were not made a party to the case, and noted that his client (Udhayanidhi) was only a participant at the event.

Later, the judge adjourned the case to 7 November, after Wilson and Advocate General R Shanmughasundaram sought time to file a counter affidavit to the application filed by the petitioner.

Also read: ‘Bigger conspiracy being hatched to punish southern states’

Case background

Hindu Munnani state secretaries T Manohar and J Kishore Kumar and vice-president VP Jayakumar had approached the court praying to issue a writ of quo warranto calling upon Udhayanidhi and Hindu Religious and Charitable Endowments (HR&CE) Minister PK Sekarbabu to explain under what authority they are holding public office despite having participated in a conference calling for the annihilation of the Sanatana Dharma.

The petitioners submitted that the sports minister and HR&CE minister participated in the conference organised by the Tamil Nadu Progressive Writers Artists Association in Chennai on 2 September.

While speaking at the function, Udhayanidhi called for eradicating the Sanatana Dharma, equating it to dengue and malaria, the petitioners submitted.

The act of the ministers was against the oath they took while being sworn in as a member of the Legislative Assembly, and then as a minister, stated the petition.

The petitioners also contended that the elected representatives could not act against any community.

A similar case was filed against DMK MP A Raja for speaking against the Sanatana Dharma in another event.