The Madras High Court has quashed the FIR against BJP leader Amit Malviya. The complaint was filed over his social media posts targeting Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin for his comments on 'Sanatana Dharma', Hindustan Times reported.
What did the Madras High Court say?
The court said it would be unfair to act against someone for responding to a controversial speech when no action was taken against the person who delivered it.
Justice S Srimathy observed that Malviya was only reacting to a public statement made by the Tamil Nadu minister. She said allowing the case to continue would be unjust and damaging. The judge added that Malviya's posts did not violate the law and keeping the FIR alive would amount to misuse of the legal process, Live Law reported.
The court also termed the action a 'troubling trend' and expressed strong disappointment, while noting that the minister was not charged for his speech. The judge also noted that a case was quickly filed against the person who questioned Udhayanidhi's comments. It was further noted that a person making such comments is often let go scot-free, while those who react to such comments have to face police inquiries.
Also Read | 'How many courts do you need?' CJI Surya Kant dismisses plea seeking judicial reforms
The court said, "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," as quoted by Live Law.
What did Udhayanidhi Stalin say in 2023?
In 2023, Udhayanidhi Stalin compared Sanatana Dharma to diseases lije dengue and malaria, and called for the abolition of the religion at an event named 'Sanatana Abolition Conference.' The comment swiftly attracted flak.
Following the comment by the DMK leader, Amit Malviya posted on X, "Udhayanidhi Stalin, son of Tamilnadu CM MK Stalin, and a minister in the DMK Govt, has linked Sanatana Dharma to malaria and dengue... He is of the opinion that it must be eradicated and not merely opposed. In short, he is calling for genocide of 80% population of Bharat, who follow Sanatan Dharma."