The Madras High Court declined to issue a writ of ‘quo warranto’ in response to petitions filed by members of a Hindu nationalist group against DMK Ministers Udhayanidhi Stalin and PK Sekar Babu, along with Member of Parliament A Raja.
The ‘quo warranto’ petitions questioned the legitimacy of their official positions following comments allegedly disparaging Sanatana Dharma.
Justice Anita Sumanth disposed of the petitions brought forth by two Hindu Munnani functionaries and another individual, which raised concerns over the authority of the three DMK leaders to hold office after participating in what was described as an "anti-Sanatana Dharma meeting" and delivering speeches critical of religious practices.
While acknowledging Minister Udayanidhi Stalin's remarks equating Sanatana Dharma to diseases like HIV, AIDS, and Malaria as concerning and contrary to constitutional principles, the court ultimately dismissed the petitions.
The judge stated that individuals in positions of authority must exercise greater responsibility and verify historical facts before making public statements.
According to reports, Udhayanidhi Stalin clarified that his intention was not to belittle or disrespect any religion, but to oppose discriminatory religious practices. He underscored that Article 25 safeguards the right to practice and profess religion, including the freedom to profess atheism and hold non-belief in God.
Minister Sekar Babu refuted the plea, arguing that it was a response to his efforts to reclaim temple properties allegedly encroached upon by individuals associated with the Hindu Munnani. He asserted that the petition was driven by malicious intent. Additionally, he highlighted his involvement in a meeting advocating for the abolition of the caste system, elimination of untouchability, and promotion of social equality.
MP A Raja asserted that freedom of speech and expression supersedes freedom of religion. He contended that Article 19(1)(a) encompasses the dissemination of information and positive ideals, fostering constructive dialogue among citizens for societal progress.
On Monday, 4 March, the Supreme Court admonished Udhayanidhi Stalin for his "eradicate Sanatana Dharma" statement and questioned why he had approached the apex court with his plea after purportedly misusing his right to freedom of speech and expression.
“You abuse your right under Article 19(1)(a) (of the Constitution). You abuse your right under Article 25. Now, you are exercising your right under Article 32 (to file a plea in the Supreme Court)? Do you not know the consequences of what you said? You are not a layman, you are a minister. You should know the consequences,” the bench said, adjourning the matter to 15 March.
Background
On September 2, 2023, Tamil Nadu’s Sports Minister Udhayanidhi Stalin and Hindu Religious and Charitable Endowments Minister PK Sekar Babu participated in a conference organised by the Tamil Nadu Progressive Writers’ Association in Chennai, focused on the "annihilation of Sanatana Dharma."
During the event, Udhayanidhi likened Sanatana Dharma to diseases like coronavirus, malaria, dengue, and mosquitoes, advocating for its eradication. This statement sparked controversy, particularly with the BJP expressing strong opposition.
DMK MP A Raja also entered the fray, describing Sanatana Dharma as a "social disgrace."
At a protest gathering against the Vishwakarma Yojana organised by the Dravidar Kazhagam in Chennai on September 6, Raja further compared Sanatana Dharma to HIV and leprosy.