'No further FIR to be registered': Supreme Court on Tamil Nadu Dy CM Udhayanidhi Stalin's 'eradicate Sanatan dharma' remark row

The Supreme Court on Thursday ruled that no new first information reports (FIRs) should be filed against Tamil Nadu Deputy Chief Minister M Udhayanidhi Stalin without the court's explicit permission. This order pertains to Stalin's controversial remarks regarding "eradicate Sanatan Dharma."

The court's decision also extends an interim order protecting Stalin from coercive actions in already registered cases linked to his statements.

Senior advocate Abhishek Manu Singhvi, appearing for Stalin, told the top court that a new case has been filed in Bihar in addition to the existing FIRs in the case. He also reminded the court that during the last hearing, it had considered the likelihood of transferring the cases to Karnataka if not Tamil Nadu. 

Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, presiding over the bench, stated, "List in April. Interim order to continue and shall apply to the new cases added as well. We direct no further FIR to be registered on the same cause."

This means that any new legal actions based on the same statements will require prior approval from the Supreme Court, safeguarding Stalin from further immediate legal repercussions.

The remarks in question were made by Stalin in September 2023 during a conference organised by the Tamil Nadu Progressive Writers Artists Association in Chennai. At the event, Stalin criticised 'Sanatan Dharma', claiming it is "against social justice and equality and should be 'eradicated'."

He drew parallels between Sanatan Dharma and diseases like "dengue, mosquitoes, malaria, or coronavirus," suggesting similar eradication.

Multiple FIRs have been filed across various states, including Maharashtra, Bihar, Jammu, and Karnataka, against Stalin following his comments. Recently, a new FIR emerged in Bihar, as highlighted in an amendment application. 

Referring to Supreme Court rulings in similar cases including that of Nupur Sharma, Singhvi said Stalin's remarks were less offensive in comparison. 

“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.” 

Stalin defended his controversial comments, stating they were intended for an audience aligned with the ideology of abolishing caste discrimination, asserting, "The speech must be viewed with the backdrop of the caste-based discrimination."