Sanatana Dharma row | Madras High Court refrains from issuing quo warranto against T.N. Ministers, MP

Madras High Court refuses quo warranto against Udhayanidhi Stalin, P.K. Sekarbabu, and A. Raja in Sanatana Dharma row.

The Madras High Court on Wednesday, March 6, 2024, refused to issue a quo warranto against Sports Minister Udhayanidhi Stalin, Hindu Religious and Charitable Endowments Minister P.K. Sekarbabu and Nilgiris Member of Parliament A. Raja, in connection with the Sanatana Dharma row.

Justice Anita Sumanth held that the relief sought for by three different writ petitioners was premature, since multiple First Information Reports (FIRs) regarding the row were pending before different police stations but there had been no conviction so far. Therefore, writs of quo warranto could not be issued at the present stage, she said.

The judge, however, held that the statements made against Sanatana Dharma were perverse and divisive. 

“While there may be ideological differences between persons holding power, the differences are expected to be based on a thorough understanding of the system being critiqued and importantly, such criticism must be constructive and not destructive,” the judge said. She went on to state that the statements made by sitting Ministers must be factually accurate. “Whatever may be their ideology, such persons must propound only one morality that is the morality propounded by the Constitution,” she added.

Though it was argued that only Mr. Udhayanidhi Stalin and Mr. Raja had spoken against Sanatana Dharma in different events whereas Mr. Sekarbabu had only attended one of those events, the judge said: “The factum of participation itself shows the endorsement of the purpose of the theme of the conference.”

The judge also said: “The statements equating Sanatana Dharma to HIV, AIDS, dengue and malaria, which need to be eradicated are perverse, divisive and contrary to Constitutional principles and ideas and tantamount to gross disinformation.”