BJP leader Subramanian Swamy seeks permission to sue Udayanidhi Stalin over Sanatana Dharma remark

Former Union minister and BJP veteran Subramanian Swamy on September 5 shot a letter to Tamil Nadu Governor R N Ravi seeking permission to file a criminal complaint against Udayanidhi Stalin for his alleged hate speech targeting those who hold faith and belief in Sanatana Dharma. 

In the letter, Swamy pointed out that the Accused has committed multiple offences under the Indian Perral Code, including the offences under sections 153/, 153B. 295A, 298, and 505 of the Indian Penal Code, 1860.

''I write to draw your attention to a recent event where a serving Minister in the Tamil Nadu State government, Udhayanidhi Stalin, has made a hate speech against those who have faith and belief in the Sanatan Dharma. He, while addressing a press conference, stated: "Just like how dengue, malaria, or coronavirus need to be eradicated, and not just opposed, we have to eradicate Sanatana." The Accused has committed multiple offences under the Indian Perral Code, including the offences under sections 153/, and 153B. 295A, 298, and 505 of the Indian Penal Code, 1860,'' the letter read.

The former union minister said that in this connection, he intends to initiate a Criminal Complaint against the ábove named person. 

''The Accused is a public figure having major public outreach, following, and viewership. The offending statement made by the Accused has successfully reached millions of people and has influenced countless persons, creating an environment of fear in the Sanatan Dharma community, even more so, since the Political Party of the Accused is the ruling government in Tamil Nadu. The statements of the Accused published have created a traumatizing atmosphere of fear, alarm, threats" insecurity, and helplessness among believers of the Sanatan Dharma, especially in Tamil Nadu,'' he added.

He further said that the stereotyping of a particular section of the population and stigmatising it has created an atmosphere of hatred that is intended to generate aggression and incite violence and riots against them. 

''For the filing of the said complaint your sanction is required under section 196 of the Code of Criminal Procedure 1973,'' he informed Tamil Nadu Governor.

He further drew the Governor's kind attention to the decision of Hon'ble the Supreme Court in Subramanian Swamy v Manmohan Singh, (2012) 3 SCC 1, wherein the court has expounded principles governing the grant of sanction for prosecution. 

''Therefore, it is requested that you may kindly accord sanction for the prosecution of the Accused who has committed various heinous offences against public tranquillity, in the interest of justice, and in the exercise of your constitutional prerogative,'' the letter concluded.