Chief Justice of India DY Chandrachud (Left), Udhayanidhi Stalin (Right)
On September 15, Chief Justice of India DY Chandrachud refused to permit the mentioning of a writ petition against the Sanatana Dharma Eradication Conference, which was held in Tamil Nadu on September 2, and asked the petitioner to follow the procedure for urgent listing instead. The Supreme Court’s three-judge bench, comprising CJI Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, refused to permit the mentioning of the matters not on the mentioning list and asked the advocates to circulate an email for urgent listing.
The petitioner contends that the Sanatanam (Sanatana Dharma) Abolition Conclave (Conclave for Destruction of Sanatana Dharma), held in Chennai on September 2, was organised with the intent of eradicating a specific religion. Notably, almost all members of the I.N.D.I alliance were part of this conclave.
“Conference was held specifically to target Hinduism (also referred as “Sanatanam Dharma”) and to abuse, humiliate, speak in derogatory language and spread hatred towards Sanatanam Dharma,” reads the petition.
Furthermore, the petitioner submits that the Tamil Nadu Chief Minister MK Stalin’s son, Udhayanidhi Stalin, made a statement in favour of eradicating Sanatana Dharma, likening it to mosquitos, dengue fever, malaria and COVID-19 virus. The petition further submits that the Viduthalai Chiruthaigal Katchi (VCK) President and Lok Sabha MP, Thol Thirumavalavan, urged the OBCs and SCs to unite and called for a Brahmin genocide.
The petitioner alleged that these statements were a textbook example of hate speech and sought action against Udhayanidhi Stalin for expressing such hate against Sanatana Dharma and Hindus. The writ petition further alleges Tamil Nadu Police’s bias and discrimination against Hindus as no FIR has been filed with regard to the case.
“If there is no First Information Report upon complaint against Udaynidhi Stalin or PK Sekar Babu or even DK President Veeramani or atleast even the organisers of the said conference even after so much of hue & cry it is clear that there is bias, favouritism & discrimination against Hindus & that even the Tamil Nadu Police is not as Religiously Neutral as the British Police & that despite the Constitution being in force in a Secular country this is unfortunately happening & it is needlessly evident to state that there has been a systematic complete breakdown of constitutional machinery in the State of Tamil Nadu,” the petition submits.
The petitioner submits that the Supreme Court’s 2018 verdict mandated the appointment of a Nodal Officer to combat hate speech. However, the petitioner contends that the Tamil Nadu Police have not appointed the Nodal Officers to combat hate speech, continuing to defy the apex court’s verdict.
The petitioner seeks that the participation of the State Ministers in the Sanatana Dharma Eradication Conference is declared unconstitutional and violative of Articles 25 & 26 of the Constitution of India. The petitioner further seeks directions to the Home Secretary and the CBI director to initiate an investigation into the said events, including the sources of funding, and potential terror funding by Sri Lanka’s LTTE funds.
The petitioner seeks an instruction to the Tamil Nadu State Government’s Higher Education Department to prohibit such conferences against Sanatana Dharma in secondary schools in accordance with the Supreme Court’s earlier rulings. The petitioner seeks a direction to the Tamil Nadu DGP to submit a report on how the conference was granted police permission and why no action has been taken against the organisers of the conference.
The petitioner seeks a direction to the Home Secretary and the Tamil Nadu DGP to appoint a Nodal Officer in accordance with the apex court’s 2018 verdict. The petitioner seeks registration of FIR against the organisers and alleged perpetrators of hate speech, including Udhayanidhi Stalin, PK Sekar Babu and Peter Alphonse.
The petitioner further seeks an injunction restraining Udhayanidhi Stalin, Peter Alphonse, A Raja, Thol Thirumavalavan, and their followers, from making further hate speech against Sanatana Dharma. The petitioner seeks a stay on all meetings, seminars and demonstrations in support of the Sanatana Dharma Eradication Conference and any other orders the court deems appropriate.
Earlier, an interlocutory application was moved before the apex court seeking registration of an FIR against DMK leaders Udhayanidhi Stalin and Lok Sabha MP A Raja. Furthermore, an FIR has been registered in Rampur, Uttar Pradesh, against Udhayanidhi Stalin and Mallikarjun Kharge’s son Priyank Kharge for their alleged hate speech against Sanatana Dharma.
Notably, over 260 eminent citizens, including former judges and bureaucrats, earlier wrote to the CJI urging him to take cognisance of Udhayanidhi Stalin’s statement calling for the eradication of Sanatana Dharma.
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