Sanatana Dharma Row| "Dog Whistling against Hindus": Fresh plea in SC against TN Police DGP for failing to act against Udhaynidhi Stalin, AN Shamsheer

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Recently, another plea was filed stating that if the Tamil Nadu police had indeed granted permission for the conference held by Stalin Jr. they have the responsibility and duty to inform the Supreme Court whether there was *political interference* to the police department in granting such permission” as the conference called for eradication of Sanatan Dharma

An application has been filed in the Supreme Court seeking contempt action against Director General of Police of Tamil Nadu and Kerala for their "blatant disregard" to previous top court's orders and failing to lodge FIR in cases of hate speech, in light of recent remarks on Sanatana Dharma by ruling DMK leaders and Assembly speaker respectively.

The plea filed by D K Nambiar claims the "remarks amount to dog whistling against Hindus" and are "an attempt to ridicule Hindu symbols of faith, as a clarion call for genocide" which was made against followers of Sanatana Dharma, and is antithetical to the constitutional goal to promote fraternity.

It contended the DGP's of Kerala and Tamil Nadu have wilfully disobeyed the orders of the Supreme Court made on October 21, 2023 and April 28, 2023 and are liable to be proceeded against for contempt of court.

The applicant claimed DGP Tamil Nadu's failure to register the case despite the complaint in the matter of Udhayanidhi Stalin has had a ripple effect with more leaders of his party DMK making more vitriolic, communally divisive and provocative statements against Sanatana Dharma.

It also cited similar failure on part of Kerala DGP in the case of the Kerala State Legislative Assembly Speaker, AN Shamseer, who had on September July 21 insulted Hindu Gods and rituals by dubbing them as mere myths. 

As per multiple reports, Shamseer while speaking at a function organised by the state education department, attacked Hindu beliefs and equated the story of Lord Ganapathy, worshipped by over a billion Hindus, to a myth, thereby causing unexplainable pain to followers of the faith, it claimed.

The application was filed in the pending PIL by Advocate Ashwini Kumar Upadhyay related to hate speech.

It is further stated by the applicant that he is aggrieved by the "dangerously hate filled remarks" by Minister Udhayanidhi Stalin, and DMK leaders A Raja and Ponmudy against centuries old Sanatana Dharma.

Another plea has been filed by B Jagannath seeking order of injunction against Udhyanidhi, Peter Alphonse, A Raja, and Thol Thirumavalavan and their followers against making any further hate speech against Sanatana Dharma or Hinduism.

Earlier this month, a plea was filed in the Supreme Court seeking a direction to the police, for registering an FIR against Tamil Nadu Chief Minister M K Stalin's son Udhayanidhi and former Union Minister A Raja for their "derogatory remarks" and call for "eradication of Sanatan Dharma".

Advocate Vineet Jindal has thus filed an interlocutory application in the writ petition filed by Shaheen Abdullah in which the Supreme Court had April 28, 2023 has directed all States/UTs to register suo motu FIRs in offences such as Section 153A, 153B, 295A and 506 of IPC etc, without any complaint being filed. The court had also then clarified that the action would be taken in cases of hate speech, irrespective of the religion of the person who made the speech.

The application filed through advocate Raj Kishore Chaudhary also cited the SC's direction which had then stated, "We make it clear that any hesitation to act in accordance with this direction will be viewed as contempt of this Court and appropriate action will  be taken against the erring officers".

Recently, a group of former judges, retired bureaucrats and Army veterans have written a letter to Chief Justice of India D Y Chandrachud seeking suo motu contempt action against Tamil Nadu government over its failure to act upon the "hate speech" made by Udhayanidhi about the 'Sanatan Dharma'.

On September 5, former judges, government officials and war veterans have written to the Chief Justice of India, requesting him to take suo moto cognizance of the hate speech made by Tamil Nadu Minister Udhayanidhi Stalin on 'Sanatan Dharma', basis the order passed in the Shaheen Abdulla case. CJI Dhananjaya Y. Chandrachud has been told that Stalin Jr.'s comments could incite communal disharmony and sectarian violence.

Case Title: Shri PKD Nambiar Vs. Shri Shaik Darvesh Saheb IPS in Ashwini Upadhaya Vs. Union of India