Breaking: CJI Refuses To Permit Urgent Mentioning Of Fresh Plea Against Tamil Nadu Sanatan Dharma Eradication Conference And Hate Speech, Asks To Follow Procedure

A fresh Writ Petition against the "Sanatana Dharma Eradication Conference" held in Tamil Nadu earlier this month was mentioned today before the Bench led by Chief Justice of India D.Y. Chandrachud for urgent listing today. However, CJI Chandrachud refused to permit the mentioning and asked the Petitioner's lawyer to follow the procedure for urgent listing instead. 

Senior Advocate Dama Seshadri Naidu sought to mention the matter for urgent listing, which was not permitted by the Supreme Court. The CJI asked the lawyers who sought to mention matters that were not on the mentioning list to circulate an email for urgent listing. The Bench also comprised Justice JB Pardiwala and Justice Manoj Misra.

The Writ Petition has been filed by Advocate B. Jagannath who practices in the Madras High Court. The petition has been filed through Advocate-on-Record Gopalan Balaji and the same has been settled by Senior Advocate P.  Valliappan. It is contended in the petition that the conference that was held on September 2 in Chennai by an organization named the Tamil Nadu Murpoku Ezuthalar Sangam was with the intent of eradicating a specific religion.

It has been submitted in the petition that the said conference was attended by Tamil Nadu's Hindu Religious Charitable Endowment Minister Sekar Babu, Tamil Nadu Sports Minister Udaynidhi Stalin, President of Dravida Kazhagam Veeramani, Chairman of Tamil Nadu State Minorities Commission Peter Alphonse, Congress Party MLA, and VCK Member of Parliament Thol Thirumalvalavan.

"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.

The Petition also alleges that Udaynidhi Stalin, whose father is the Chief Minister and Home Minister, made a statement indicating that Sanatanam Dharma (Hindu Religion) should be completely eradicated, likening it to the eradication of diseases like Dengue, Malaria, and Covid. Additionally, it is claimed that Thol Thirumavalavan, a Member of Parliament, openly called for genocide against Brahmins and urged OBCs and SCs to unite.

Highlighting this as a classic case and a textbook example of hate speech, the petitioner seeks action against Udaynidhi Stalin for harbouring and expressing such hatred against Hindus.

"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", reads the Petition.

The petitioner further asserts that in a 2018 judgment, the Supreme Court mandated the appointment of a Nodal Officer to combat hate speech. However, it is claimed that Tamil Nadu Police, up to the present day, have defied the Court's order and have not appointed Nodal Officers for hate speech.

It has also been stated in the petition that "Petitioner strongly condemn the actions of the Sadhu in Ayodhya who gave 10 Crore as Ransom for Udaynidhi head but that does not countenance the fact that these politicians can get away from their heinous crimes of committing Hate Speech with the open support of the Honourable CM to his own Son."

The petitioner seeks the following reliefs:

1. Declaration of the participation of State Ministers in the "Sanatana Dharma Eradication Conference" held on September 2, 2023, as unconstitutional, violating Articles 25 & 26 of the Indian Constitution.

2. A directive to the Home Secretary and the Director of the Central Bureau of Investigation to immediately initiate an investigation into the said events, including the sources of funding, potential terror funding from across the border, especially Sri Lanka's Tamil LTTE funds.

3. An instruction against the Tamil Nadu State Government's Higher Education Department, prohibiting such conferences against Hindu Dharma in secondary schools, in accordance with the Supreme Court's judgment in the Karnataka Hijab case.

4. Immediate action by the State Director General of Police to submit a report on how the conference was granted police permission and why no action has been taken against the organizers and perpetrators of the "Sanatana Dharma Eradication Conference."

5. A directive to the Home Secretary and the Director General of Police of Tamil Nadu to promptly appoint a Nodal Officer for Hate Speech, as mandated by the Supreme Court's 2018 judgment.

6. The immediate registration of a First Information Report against the organizers and perpetrators of hate speech, including Udaynidhi Stalin, PK Sekar Babu, and Peter Alphonse.

7. An order of injunction against the respondents, restraining Udaynidhi Stalin, Peter Alphonse, A Raja, and Thol Thirumavalavan, as well as their followers, from making further hate speech against Sanatana Dharma (Hinduism).

8. A request for a stay order on all meetings, seminars, activities, and demonstrations in support of the September 2, 2023 conference and any other necessary orders deemed appropriate by the Honorable Court to deliver justice.

Earlier, an interlocutory application was filed before the Apex Court seeking registration of FIR against Stalin and Member of Parliament from DMK and former Union Minister A. Raja who had made similar remarks as Stalin. An FIR has already been registered in Rampur, Uttar Pradesh against Udhayanidhi Stalin and Priyank Kharge, the son of Congress president Mallikarjun Kharge for their alleged hate speech against Sanatan Dharma. Prior to that, a letter was addressed to Chief Justice D.Y. Chandrachud by a group of concerned individuals including the retired Judges of several High Courts and bureaucrats seeking judicial intervention of the Apex Court in the matter of hate speech made by Udhayanidhi Stalin. Various others across the country have approached authorities seeking FIR against Stalin.

Cause Title: B. Jagannath v. The State Of Tamilnadu & Ors