Sanatana Dharma remarks: Karnataka High Court stays criminal case against organisers of Chennai event

The Karnataka High Court on Friday stayed criminal proceedings against three organisers of a Chennai meeting held in September 2023, which drew controversy after DMK leader Udhayanidhi Stalin called for the "eradication" of Sanatana Dharma in a speech made at the event [Su Venkatesan and ors v. Paramesha V]. .Justice Krishna S Dixit stayed all criminal proceedings against the organisers until the next hearing of a petition filed by them to quash the criminal case registered last year.The judge, however, also expressed concern over the reported contents of the controversial speech and stressed that it is important to respect all religions. "See the statement. See the way the allegations were made. Whether we agree with certain tenets, religion, scriptures is one thing, but denigrating them is another thing," Justice Dixit said. He added that people should be careful about what they say and avoid making such derogatory comments, especially if they are public figures. .The September 2023 meeting in focus was organised by the Tamil Nadu Progressive Writers Artists Association. During this meet, Stalin gave a speech in which he reportedly said, “Just like dengue, mosquitoes, malaria, or coronavirus need to be eradicated, we have to eradicate Sanatana."Stalin is presently facing several hate speech cases across the country for the comment. A petition to club all the first information reports (FIRs) registered against him over the issue is presently pending before the Supreme Court. Meanwhile, a criminal case was also registered against the meet's organisers in Karnataka.The organisers (petitioners), therefore, filed a writ petition before the Karnataka High Court seeking directions to quash the criminal case, which is presently pending trial before a Bengaluru court..Appearing for the petitioners, senior advocate Ravivarma Kumar argued that the controversial speech could not be attributed to the event's organisers. He also pointed out that the Bengaluru magistrate may not have the jurisdiction to conduct the trial, considering that the event took place in Chennai.The case was filed in Karnataka only on the basis that a report on the Chennai event was published in a local newspaper, he submitted."Question is, have we committed any offence within the jurisdiction of this magistrate? ... (they say) every publication is an offence. I did not organise the publications," Kumar contended. Justice Dixit eventually noted that the question of territorial jurisdiction may have to be examined. However, he emphasised that it is important for everyone to respect all religions. .Kumar, in turn, remarked that Hinduism is known for its tolerance."Almost all religions in the world are monotheistic, except the Hindu religion. Hindu religion accepts not only theism but also atheism," Kumar observed."But why denigration?" Justice Dixit added, referring to Stalin's speech."Here, I am not the maker of those statements. The statement is attributed to accused 1 (Stalin)," Kumar replied."They are the organisers? How will they know what speaker is going to speak?" Justice Dixit mused, in turn."Tolerance practiced among Hindus is of the highest order. My senior used to repeatedly mention this, tolerance is inbuilt in us," Kumar went on to remark."That is why, so many faiths came to this country. Nehru has written that Christianity came to India before it went to Europe ... Parsis came, Jehovah's Witnesses came, Muslims came," Justice Dixit observed. "Buddhism was driven out," Kumar observed."Buddhism is considered to be part of Hinduism, that's what Panicker writes, what Will Durant writes," Justice Dixit replied.Kumar added that this was debatable and that he had reservations over such a stance. He further spoke of how three men were recently lynched by a mob on suspicions that they were transporting beef. .As the discussion on tolerance and intolerance continued, the Judge and senior lawyer recalled an oft-narrated tale of how Parsis once convinced a king to let them settle in India - by assuring that their presence in the kingdom would only make things sweeter rather than add to heavy population numbers.To draw this analogy, a community leader is said to have mixed sugar in a container filled with milk to the brim; the milk representing the kingdom's existing inhabitants and the sugar representing the Parsis.Kumar said that this is what a Jewish leader did when Jews went to settle in Kerala."In Kochi also, that bowl is there. The captain (of the ship in which the Jewish community travelled) put sugar and he said this," Kumar said."Yes, coexistence is the mantra... That is what the Constitution wants. The country is not for one community, it is for all communities living in the land, the motherland," Justice Dixit added, before passing the interim order today. .The Keystone Partners team of Aditya Chatterjee, Nikitha Surabhi and Sahaja Burde led by Prof Ravi Verma Kumar represented the petitioners..[Read Order]