In an obiter dictum, Justice G. Jayachandran of the Madras High Court has observed that the Tamil Nadu police are guilty of dereliction of duty because of their failure to act against Sports Minister Udhayanidhi Stalin and Hindu Religious and Charitable Endowments Minister P.K. Sekarbabu for participating in a conference held for “annihilation of Sanatana Dharma” in Chennai on September 2 this year.
The judge wrote, “Since the police failed to act against those who had delivered inflammatory speeches to eradicate Sanatana Dharma, now permission to counter it by conducting a meeting to eradicate the Dravidian ideology is being sought by the present petitioner.”
He made the observation while dismissing the petition filed by Magesh Karthikeyan of Thiruverkadu in Chennai.
“No one can expect courts to aid them to propagate ideas to create ill-will among the public. Some members of the ruling party and Ministers participated in the meeting held for eradicating Sanatana Dharma and no action has been taken by the police against them, which is dereliction of duty on the part of the police,” the judge observed.
He went on to write, “If the request of the petitioner is acceded to, it will cause further disturbance to peace and tranquillity of the public...”
The judge refused to accept the petitioner’s contention that it was his fundamental right to conduct a meeting against the Dravidian ideology. “No person in this country can have a right to propagate divisive ideas and conduct a meeting to abolish or eradicate any ideology. The co-existence of multiple and different ideologies is the identity of this country. This court is of the view that a person in power should realise the danger of speech [causing] fissiparous tendency and behave responsibly and restrain themselves from propagating views which will divide people in the name of ideology, caste and religion. Instead, they may concentrate on eradicating intoxicating drinks and drugs which are injurious to health, corruption, untouchability, and other social evils,” he concluded.
