SC questions Udhayanidhi regarding writ jurisdiction for clubbing FIRs

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.