The Madras high court has observed that there was a “dereliction of duty” by the police who did not act against Tamil Nadu ministers Udhayanidhi Stalin, for his “inflammatory speech to eradicate Sanathana Dharma”, and Sekar Babu, who was on stage when the former made his controversial remark at a conference on September 2.
A bench of justice G Jayachandran made the observations while dismissing a petition filed by Magesh Karthikeyan from Chennai seeking permission to conduct a conference to “eradicate Dravidian ideology”, as a counter to the conference where Udhayanidhi had made the controversial remark.
Suggesting that the petition was a consequence of the police’s dereliction of duty, the judge said, “This court is of the view that (a) person in power should realise the danger of a speech and behave responsibly and restrain themselves from propagating views which will divide people in the name of Ideology, caste and religion...Instead they may concentrate on eradicating intoxicating drinks and drugs which are injurious to health, corruption, untouchability and other social evil.”
The petitioner claimed that it is his fundamental right to conduct such a meeting.
However, the judge, in the order passed on October 31, said, “This court cannot subscribe to this view...No person in this country can have a right to propagate divisive ideas and conduct (a) meeting to abolish or eradicate any Ideology. co-existence of multiple and different ideologies is the identity of this country,”
{{/usCountry}}However, the judge, in the order passed on October 31, said, “This court cannot subscribe to this view...No person in this country can have a right to propagate divisive ideas and conduct (a) meeting to abolish or eradicate any Ideology. co-existence of multiple and different ideologies is the identity of this country,”
{{/usCountry}}“No one can expect courts to aid them to propagate ideas to create ill-will among the public...If the request of the petitioner is acceded, it will cause further disturbance to the peace and tranquillity of the public, who are already fed up by the way some of the fringe groups in support of persons who have taken oath of office to preserve the spirit of Constitution, act in breach of their oath. This court cannot perpetrate by permitting the petitioner to hold (a) conference to eradicate Dravidian Ideology,” it added.
Reacting to the developments, Udhayanidhi, Tamil Nadu’s sports minister and son of chief minister M K Stalin, on Monday reiterated that he would stand by his comments on Sanathana Dharma.
“I didn’t say anything wrong. We will face the case legally. I have only spoken about my ideology,” Udhayanidhi told reporters.
He added that he has not spoken over and above what has already been said on Sanathana Dharma by B R Ambedkar, ‘Periyar’ E V Ramasamy and Vidhuthalai Chiruthaigal Katchi MP and chief Thol Thirumalvalavan who was seated near him at the press conference in Chennai. “Sanathanam is a centuries-old problem. We will always oppose it,” he said.
In September, Udhayanidhi set off a political storm sparring with senior Bharatiya Janata Party (BJP) leaders with his remark that Sanathana Dharma must be eradicated like mosquito-borne diseases. The BJP’s national leadership, including Prime Minister Narendra Modi and Union home minister Amit Shah accused the Dravida Munnetra Kazhagam (DMK) and the INDIA bloc (which includes the DMK) of being anti-Hinduism.
They demanded the resignation of Udhayanidhi and Babu, the minister for Hindu Religious and Charitable Endowments (HR&CE). Several police cases were filed against Udhayanidhi across the country over his comment. Another single judge bench in the Madras HC is hearing a case against Udhayanidhi’s speech filed by a right-wing organisation Hindu Munnani.