Contempt Plea Against TN and Kerala DGPs Over Hate Speech Targeting Sanatan Dharma [Read Petition]

NEW DELHI: A plea has been filed in the Supreme Court seeking contempt action against the police chiefs of Tamil Nadu and Kerala for failing to register FIRs against "dangerously hate filled remarks" by Minister Udhayanidhi Stalin, and DMK leaders A Raja and Ponmudy against centuries old Sanatana Dharma and against Kerala Assembly Speaker A N Samsheer for insulting Hindu Gods and rituals.

An application filed by Noida resident P K D Nambiar contended the police heads of both the States deliberately and wilfully failed to comply with the Supreme Court's orders passed on October 21, 2022 and April 28, 2023.

He pointed out on July 21, 2023, the Kerala State Legislative Assembly Speaker, AN Shamseer, 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 said.

The application filed in a pending matter by advocate Ashwini Kumar Upadhyay against hate speech contended that such a statement coming from someone who occupied a constitutional post has caused immeasurable damage to the social fabric and has the potential to vitiate communal amity.

It also cited statement made on September 2, 2023, by Udhayanidhi Stalin, son of Tamil Nadu Chief Minister M K Stalin, holding the post of the Minister for Youth Welfare and Sports Development of Tamil Nadu, at a public event titled "Sanatana Eradication Conference" organised by the Tamil Nadu Progressive Writers Artists Association in Chennai.

The applicant lodged a complaint with the Tamil Nadu police but they in blatant disregard to the SC's orders refused to lodge the FIR.

"Their failure to act in the matter of Udhayanidhi has had a ripple effect with more leaders of his party DMK making more vitriolic, communally divisive and provocative statements against Sanatana Dharma," the plea stated.

On September 6, Raja compared Sanatana Dharma to "diseases having social stigma" like leprosy and HIV. More videos of DMK leaders spewing venom on Hindus and Hindu religion have come to light after this, it added.

"The dangerously hate filled remarks by Udhayanidhi Stalin, A Raja and Ponmudy against the centuries old Santana Dharma, literally amount to a call for genocide against followers of the centuries old Sanatana Dharma," it said.

Their comments amounted to acts of 'criminal hate speech', 'intentional attempt to create public disharmony' and 'hurting religious sentiments' and are punishable under Sections 153A, 295A, 298, 505(1) & 505(2) of the Indian Penal Code, the applicant added.

"The impugned remarks amount to dog whistling against Hindus, are an attempt to ridicule Hindu symbols of faith, and are a clarion call for genocide against followers of Sanatana Dharma, apart from being antithetical to the constitutional goal to promote fraternity and amounts to criminal hate speech," the plea said.

The plea sought contempt action against the state DGPs for willful disobedience of the SC's previous orders.

[Read Petition]