Supreme Court Extends Interim Relief for Udhayanidhi Stalin in Sanatana Dharma Remarks Cases

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The Supreme Court on November 22, 2024, extended its interim order exempting Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin from physically appearing in lower courts handling criminal cases filed against him over his controversial remarks on “Sanatana Dharma.”

Key Developments

Exemption Continued: The bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar clarified that Udhayanidhi Stalin will continue to enjoy exemption from personal appearance before trial courts.

Proceedings Allowed to Continue: The court stated, “Proceedings may continue but exemption from personal appearance will remain.” The matter is now scheduled for further hearing in February 2025.

Clubbed Cases: Stalin’s petition under Article 32 of the Constitution seeks the clubbing of FIRs and complaints filed in various states, including Kerala, Karnataka (Bangalore), and Bihar (Patna), regarding his remarks.

Arguments and Observations

  1. Criminal Cases: A total of three FIRs and five complaints have been filed against Stalin across multiple states following his controversial comments comparing “Sanatana Dharma” to diseases like malaria and dengue, advocating for its eradication due to its alleged ties to the caste system.
  2. Legal Technicalities: Respondents argued that under Section 406 of the CrPC, only FIRs—not complaints—could be clubbed. The Court suggested Bangalore as a possible venue for transferring the cases since a related case is pending there, although it noted that proceedings in Bangalore are stayed for a co-accused.

Background of the Controversy

In September 2023, Udhayanidhi Stalin’s remarks on Sanatana Dharma sparked nationwide outrage and political debates. He likened the doctrine to diseases, emphasizing its role in perpetuating caste discrimination and advocating for its elimination. His remarks resulted in several legal complaints and FIRs alleging defamation and promoting enmity between communities.

Next Steps

The Supreme Court’s exemption order will remain in effect, with the case set for further proceedings in February 2025.

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

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