The Supreme Court
on Monday asked Tamil Nadu Minister Udhayanidhi Stalin how he can approach the
apex court under writ jurisdiction with his plea for clubbing of multiple FIRs
for his "eradicate Sanatan dharma" remark.
A bench of
Justice Sanjiv Khanna and Justice Dipankar Datta told the minister that he
could have filed a petition in the apex court under section 406 of CrPC,
seeking transfer of criminal cases but not under Article 32 of the Constitution
which deals with writ jurisdiction.
"You see, in
some cases, cognisance has been taken and summons have been issued. Judicial
proceedings cannot be touched by the Supreme Court under writ
jurisdiction," Justice Datta said.
The bench allowed
Udhayanidhi Stalin to amend his plea in view of "legal issues" and
list the matter in the week commencing on May 6.
Senior advocate
Abhishek Singhvi, appearing for the Tamil Nadu minister, said the intention
behind making the remark was not to make a "political warcry" as it
was only a gathering of 30 to 40 people.
Justice Datta
referred to the cases Udhayanidhi Stalin has cited, including that involving
journalists and political persons, for clubbing of FIRs and said media persons
cannot be equated with ministers.
Udhayanidhi
Stalin, the Minister of Youth Welfare and Sports in Tamil Nadu, is a well-known
film actor and son of Chief Minister and DMK chief M K Stalin.
Speaking at a
conference in September 2023, Udhayanidhi Stalin said Sanatana dharma is
against social justice and equality and should be "eradicated'. Likening
Sanatana dharma to coronavirus, malaria and dengue, he said it should be
destroyed.