The Supreme Court has issued a notice in response to DMK scion and Minister Udhayanidhi Stalin’s request to consolidate multiple criminal cases against him in different states over his controversial remarks on Sanatana Dharma. Back in September 2023, he had equated Sanatana Dharma (Hinduism) to diseases like dengue, malaria, corona and flu. He had said that Sanatana Dharma must be eradicated just like mosquitoes and such diseases.
Hearing Udhayanidhi Stalin’s plea to club the cases, a bench comprising Justices Sanjiv Khanna and Sanjay Kumar remarked that the cases would need to be heard outside Tamil Nadu, suggesting that another state be chosen for the proceedings.
According to Live Law, the court exempted Udhayanidhi from personal court appearances and permitted him to be represented by an authorised representative. The notice is returnable in mid-November 2024, with respondents required to submit their replies within four weeks.
Udhayanidhi had filed a petition under Article 32 of the Constitution seeking relief concerning the cases filed across the country in response to his comments about ‘Sanatana Dharma.’ The Supreme Court had earlier advised his legal team to explore applying under Section 406 of the Criminal Procedure Code (CrPC) for the transfer and consolidation of the cases.
Following the court’s suggestion, Stalin filed an amended petition, which was accepted in May. During the hearing, it was revealed that there are currently three FIRs and five complaints lodged against him. However, the respondent’s counsel argued that while FIRs could be consolidated under Section 406 CrPC, complaints should be treated separately.
Justice Khanna observed that Section 406 allows for transferring cases across states but acknowledged the complexity of handling complaints involving different charges and offences. During the hearing, Stalin’s legal counsel raised concerns over threats made against him, but the court dismissed these as not serious.
The hearing also discussed possible locations for the trial, including Kerala, Bangalore, and Patna, with Bangalore initially considered but later questioned due to an ongoing case there.
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