Sanatana Dharma row: HC quashes FIR against Malviya

PTI

Madurai

The Madurai bench of the Madras High Court has quashed an FIR registered against BJP leader Amit Malviya for allegedly distorting the comments made by Deputy Chief Minister Udhayanidhi Stalin on Sanatana Dharma, wondering why those initiating “hate speech” were allowed to go scot-free while those reacting to it had to face the law.

Allowing a criminal original petition filed by Malviya, the BJP’s IT Cell chief, seeking to quash the first information report, Justice S Srimathy said continuation of the case would amount to abuse of process of law. Hence, the impugned FIR filed by Tiruchirappalli city police is quashed.

The judge said the comments of Udhayanidhi were tantamount to hate speech and held that questioning it was a reaction.

The case centers on remarks by Stalin in 2023, calling for “eradication” of Sanatana Dharma, equating it with diseases like malaria and dengue, to which Malviya reacted strongly, saying it was like calling for a “genocide” of the 80 percent of population that followed Sanatana Dharma.  The court was of the view that Malviya’s remarks didn’t “distort” the DMK minister’s comments, which amounted to hate speech.

If the present proceedings continued the petitioner would suffer irreparable harm and injury and the court is of the considered opinion that the petitioner is entitled to quash the FIR.

“This court with pain, records the prevailing situation that the person who initiates the hate speech are let scot-free, but the persons who reacted for the hate speech are facing the wrath of the law. The courts are also questioning the persons who reacted, but are not putting the law in motion against the person who initiated the hate speech. In the present case, no case has been filed against the minister for his hate speech in the state, but some cases have been filed in other states,” the judgement read.

The court, referring to the respondent stating that renowned personalities including Mahatma Gandhi, and late CM K Kamaraj had opined against Sanatana Dharma, said they only wanted some unwanted practices to be dropped. Except EV Ramasamy alias Periyar, none of such leaders had spoken against Sanatana Dharma.

“Hence the counter has stated incorrect information.” The FIR was filed following a complaint by a Tiruchirappalli based DMK office-bearer, KAV Thinakaran.