ISLAMABAD: The Indian Supreme Court on Monday declined to consider petitions seeking the registration of a first information report (FIR) and a Special Investigation Team (SIT) probe against Assam Chief Minister Himanta Biswa Sarma over alleged hate speech, warning that courts are increasingly being turned into “political battlegrounds” during election season.
A three-judge bench led by Chief Justice Surya Kant said the apex court would not invoke its jurisdiction under Article 32 of the Constitution, stressing that allegations involving cognizable offences must first be brought before the relevant high court.
The bench expressed concern about what it described as a “disturbing trend” of litigants bypassing the high courts and approaching the Supreme Court directly in politically sensitive matters.
According to Indian media reports, the controversy relates to remarks allegedly made by Sarma at a public gathering, including past references to “Miya” — a term widely regarded as derogatory for Bengali-origin Muslims in Assam — as well as a now-deleted video shared by the Assam BJP’s social media handle showing the chief minister symbolically firing a rifle. Petitioners argued the statements amounted to hate speech, warranting immediate legal action.
Three separate petitions were filed by the Communist Party of India (Marxist), CPI leader Annie Raja, and four prominent Assamese figures, including retired professor Hiren Gohain and former state police chief Harekrishna Deka. The pleas sought the registration of criminal cases and the constitution of an SIT to investigate Sarma’s speeches.
Senior advocate Abhishek Manu Singhvi, appearing for the petitioners, described Sarma as a “habitual offender” and pressed for direct intervention by the top court. The Chief Justice, however, rejected the plea.
“Don’t undermine the authority of the High Courts. It has become a trend now that every matter ends up in the Supreme Court. Don’t demoralize the High Court judges,” Chief Justice Kant was quoted as saying by LiveLaw, an Indian legal news portal providing real-time coverage of court proceedings.
The court directed the petitioners to approach the Gauhati High Court for appropriate relief.
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