Institute of Legal and Management Studies

The Supreme Court today(September 1) orally remarked that it will not entertain a plea by Tamil Nadu Minister Udhayanidhi Stalin's plea for clubbing of criminal cases registered against him across multiple states over his controversial 'Sanatana Dharma' remarks.

Before a bench comprising Justice Vikram Nath and Justice Sandeep Mehta, Senior Advocate Mukul Rohatgi briefly mentioned the plea. However, at the outset, Justice Nath said: "Mr Rohatgi, you know this Court will not do that[clubbing of FIRs]. If you want to argue somewhere else..."

On this, Rohatgi requested that the matter be adjourned to 2026, which the Court allowed.

Udhayanidhi Stalin, DMK leader and son of Tamil Nadu Chief Minister MK Stalin, came under the scanner in September 2023 for his remarks comparing 'Sanatana Dharma' to diseases like 'malaria' and 'dengue' while advocating for its elimination on the grounds that it was rooted in the caste system and historical discrimination. This not only triggered a major political row, but also led to several criminal complaints against Udhayanidhi, besides pleas being filed in the Supreme Court seeking action against him.

Stalin filed the instant case under Article 32 of the Constitution seeking reliefs in connection with the cases registered against him across the country over the controversial 'Sanatana Dharma' remarks. However, in April, last year, the Court asked his lawyers to examine if he can instead pursue an application under Section 406 CrPC for clubbing of the cases.

Subsequently, Stalin preferred an application seeking amendment of the prayer clause. This application was allowed in May. Notice was issued on the Minister's plea to club the cases in April 2024.

Case Details: UDHAYANIDHI STALIN v THE STATE OF MAHARASHTRA AND ORSW.P.(Crl.) No. 104/2024

Appearance: Senior Advocates Mukul Rohatgi and P Wilson (for petitioner)