Sanatana Dharma row: Madras HC reserves orders on pleas against Udhayanidhi Stalin, A Raja, PK Sekar Babu

Udhayanidhi's lawyer said the plea was a political, and urged the court not to allow it to be used for political and ideological battles.

BySouth First Desk

Published Nov 23, 2023 | 7:53 PMUpdatedNov 23, 2023 | 7:53 PM

Udhayanidhi Stalin

The Madras High Court on Thursday, 23 November, reserved orders on the quo warranto petitions filed against DMK Ministers Udhayanidhi Stalin and PK Sekar Babu, and party MP A Raja in the Sanatana Dharma row.

A quo warranto questions under what authority a person holds a public post.

Justice Anita Sumanth reserved orders without specifying any date after hearing elaborate arguments from senior counsels TV Ramanujam and G Rajagopal for the petitioners, and P Wilson and N Jyothi for Udhayanidhi and Babu, respectively. Senior counsel R Viduthalai represented Raja.

Related: Sekar Babu defends participation in Sanatana meet

The petition

Alleging the DMK leaders had participated and delivered a speech at an anti-Sanatana Dharma meeting, T Manohar, an office-bearer of right-wing outfit Hindu Munnani, and two others filed the quo-warranto petitions.

On Thursday, in reply to the submissions of senior counsel Rajagopal that the DMK leaders were speaking against Hindus, Wilson submitted the majority of the state and even the majority of the DMK cadres were Hindus, and that the Dravidian party had been elected by the Hindus.

Such submissions reveal that this petition was a political battle, he added, and appealed to the court not to allow it to be used for political and ideological battles.

Earlier, the court had made an observation that the Tamil Nadu Police’s failure to initiate action against those who attended the meeting held to “eradicate the Sanatana Dharma” amounted to dereliction of duty.

Related: Petition due to ideological differences, Udhayanidhi tells Madras HC

‘Nothing wrong’

Udhayanidhi Stalin had on 6 November, said that there was nothing wrong in his remarks made in September on Sanatana Dharma.

Udhayanidhi told reporters, “There was nothing wrong in what I had spoken. We will face the matter legally. I will not change my stand. I have only talked about my ideology.”

He reiterated his stand while answering a question on the Madras High Court’s observation.

Citing iconic leaders, Dr BR Ambedkar and Periyar EV Ramasamy, Udhayanidhi said that his remark on Sanatana Dharma was not something that had not been spoken before by such leaders.

He was speaking to reporters after visiting Viduthalai Chiruthaigal Katchi chief Thol Thirumavalavan as part of the DMK’s signature campaign against the common medical entrance examination NEET.

Also read: Police inaction amounted to dereliction of duty, observes Madras HC

Background of the issue

On 2 September, 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 it to be eradicated. This caused an uproar, with the BJP leading the way.

Throwing in his two cents on the row, DMK MP A Raja 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.

However, Congress MP in Lok Sabha Karti Chidambaram defended Udhayanidhi Stalin’s statement. Taking to social media, Karti said that in the common parlance of Tamil Nadu, “Sanatana Dharma” means caste hierarchical society.

Karnataka minister Priyank Kharge, too, reacting to Udhayanidhi’s remarks, said that any religion that does not give equal rights is not a religion and “is as good as a disease”.

“Any religion that does not promote equality, any religion that doesn’t ensure that you have the dignity of being a human being is not a religion, according to me. So it is as good as a disease,” Priyank Kharge said.

All India Congress Committee (AICC) General Secretary KC Venugopal said that while the Congress’s stand is clear, every other political party has the freedom to express its own view.

“Actually, our view is very clear — ‘Sarvadharma Sambhav’ (equal respect to all religions) is the Congress ideology. But you have to understand that every political party has its own freedom to tell their views,” he said.

“We are respecting everybody’s beliefs,” the Congress leader said.

Case in the Supreme Court

The Supreme Court on, 27 September, had tagged with an earlier matter a new petition by a Delhi-based lawyer seeking the registration of an FIR against Udhayanidhi Stalin and MPs A Raja of the DMK, and Tholkappiyan Thirumavalavan of the Viduthalai Chiruthaigal Katchi, or VCK, for their remarks calling for the eradication of Sanatana Dharma.

Tagging the plea with the already pending matter, Justice Aniruddha Bose — heading a bench also comprising Justice Bela M Trivedi — however, did not issue a notice on the plea.

The Additional Advocate General (AAG) of the Tamil Nadu government opposed the plea, saying these petitions were “publicity interest litigations”.

There are 40 writ petitions filed across the country in different high courts for publicity, and this was making things incredibly difficult for the state, the AAG told the bench.

“Everyone is filing PILs for publicity. They will go to the media and circulate these,” the bench said.

The Supreme Court on 22 September, on a petition by a Chennai-based lawyer, issued notice to Udhayanidhi Stalin and others.

The court sought their reply on the plea seeking action against them for their remarks calling for the eradication of the Sanatana Dharma. A notice was also issued to the Union home secretary.

(With PTI inputs)