The judge, however, observed that persons holding high posts must act with more responsibility before making statements.
Udhayanidhi Stalin. (UdhayStalin/ X)
The Madras High Court on Wednesday, 6 March, declined to issue a writ of “quo warranto” on petitions filed by members of a Hindu nationalist outfit against DMK Ministers Udhayanidhi Stalin and PK Sekar Babu and Member of Parliament A Raja, questioning their right to hold office after they made comments allegedly against Sanatana Dharma.
The quo warranto petitions questioned under what authority they were holding their official posts.
Justice Anita Sumanth disposed of the petitions filed by two Hindu Munnani functionaries and another person, which questioned the authority of the three DMK leaders holding official posts when they had participated in an “anti-Sanatana Dharma meeting” and allegedly delivered speeches against the system of religious practices.
The court added that Minister Udayanidhi Stalin’s statement equating Sanatana Dharma to HIV, AIDS, Malaria, etc., was perverse and against the Constitutional mandate.
T Manohar, who claims to be an office-bearer of the Hindu Munnani, and two others filed the present quo-warranto petitions.
The judge, however, dismissed the petitions, observing that persons holding high posts must act with more responsibility and verify historical events before making statements.
As reported by LiveLaw, Udhayanidhi Stalin asserted that his aim was not to diminish or disrespect any religion but to oppose discriminatory religious practices. He emphasized that Article 25 protected the right to practice and profess religion, including the freedom to profess atheism and not believe in god.
Minister Sekar Babu refuted the plea, asserting that it was filed in response to his efforts to reclaim allegedly encroached temple properties by members associated with the Hindu Munnani. He argued that the petition was motivated by malafide intentions. Furthermore, he highlighted his participation in a meeting advocating the annihilation of the caste system, the eradication of untouchability, and the promotion of societal equality.
MP A Raja contended that freedom of speech and expression takes precedence over freedom of religion. He maintained that Article 19(1)(a) covers the dissemination of information and positive ideals and facilitates meaningful dialogue among citizens for societal development.
The Supreme Court on Monday, 4 March, rebuked Udhayanidhi Stalin over his “eradicate Sanatana Dharma” remark and asked why he had moved the top court with his plea after abusing his right to freedom of speech and expression.
“You abuse your right under Article 19(1)(a) (of the Constitution). You abuse your right under Article 25. Now, you are exercising your right under Article 32 (to file a plea in the Supreme Court)? Do you not know the consequences of what you said? You are not a layman, you are a minister. You should know the consequences,” the bench said, adjourning the matter to 15 March.
On 2 September 2023, Sports Minister Udhayanidhi Stalin and Hindu Religious and Charitable Endowments Minister PK Sekar Babu participated in a conference held for the “annihilation of Sanatana Dharma” in Chennai, conducted by the Tamil Nadu Progressive Writers’ Association.
Addressing the meeting, the Udhayanidhi equated Sanatana Dharma to the coronavirus, malaria, dengue, and mosquitoes, calling for its eradication. This caused an uproar, with the BJP leading the way.
DMK MP A Raja weighed in on the row and called Sanatana Dharma a “social disgrace.”
Speaking at a protest meeting against Vishwakarma Yojana, organised by the Dravidar Kazhagam in Chennai on 6 September, Raja went on to compare Sanatana Dharma to HIV and leprosy.
(With PTI inputs)
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