Supreme Court Bars New FIRs Against Udhayanidhi Stalin Over ‘Sanatan Dharma’ Remarks

New Delhi: The Supreme Court on Thursday ordered that no fresh FIRs should be registered against Tamil Nadu Deputy Chief Minister M Udhayanidhi Stalin over his remarks on Sanatan Dharma without the court’s permission.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar also extended the operation of an interim order granting Stalin protection against coercive actions in the cases registered against him over his remarks.

The order came during a hearing on Stalin’s petition, in which he sought the consolidation of multiple FIRs lodged against him in different states.

The DMK leader had sparked outrage with his comments in September 2023, equating Sanatan Dharma with diseases like ‘dengue and malaria’ and calling for its eradication.

Udhayanidhi, son of Tamil Nadu Chief Minister M K Stalin, has defended his statement, arguing that he was criticising caste-based discrimination and social injustices rather than targeting any religion.

Appearing for Stalin, senior advocate A M Singhvi informed the bench that a fresh complaint had been filed in Bihar, in addition to the existing FIRs in several states. The court responded firmly, stating, “You can’t keep filing new complaints.” Singhvi also reminded the court that during the last hearing, it had considered the possibility of transferring the cases to Karnataka if not Tamil Nadu.

Referring to previous Supreme Court rulings in similar cases, including that of Nupur Sharma, Singhvi argued that Stalin’s remarks were less offensive in comparison. However, Solicitor General Tushar Mehta, representing the Maharashtra government, countered this by stating that the remarks were made at a “Sanatan Dharma eradication conference”.

He further submitted, “He said it has to be eradicated… please see if the Chief Minister of a different state had said something similar about a different religion, such as eradicating Islam.” Mehta also pointed out that just because the community in question had not reacted violently did not make the remarks any less problematic.

The Chief Justice of India (CJI) made it clear that the court would not be drawn into the merits of the case, stating, “As the apex court, we can’t react to comments.” The bench subsequently issued a notice on Stalin’s application and also extended the interim protection granted earlier. States where FIRs have been registered, including Bihar, have been allowed to be made parties in the case, and their response has been sought.

The matter has now been listed for a hearing in the week beginning April 28, 2025, with the interim order preventing further cases against Stalin to remain in force until then.