Did the SC Dismiss Petitions Against Assam CM Himanta Biswa Sarma?
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New Delhi, Feb 16 (NationPress) The Supreme Court on Monday rejected petitions aimed at taking action against Assam Chief Minister Himanta Biswa Sarma for his alleged remarks against Muslims and a now-removed controversial video that purportedly shows him targeting individuals from a specific community.
Directing the petitioners to approach the Gauhati High Court, a Bench led by Chief Justice of India (CJI) Surya Kant noted that the matters raised could be “effectively adjudicated” by the appropriate High Court and warned against the increasing trend of directly invoking Article 32 of the Constitution before the Supreme Court.
“All these issues can be effectively adjudicated by the jurisdictional High Court. We see no reason to entertain this here, and thus we relegate the petitioners to the jurisdictional High Court. We request the High Court Chief Justice to prioritize the hearing since the counsel have cited urgency in the matter,” ordered the Bench, which included Justices Joymalya Bagchi and Vipul Pancholi.
Senior advocate Abhishek Manu Singhvi, representing the petitioners who sought the registration of an FIR and a Special Investigation Team (SIT) investigation into CM Sarma’s alleged hate speech, argued that the Chief Minister, as a constitutional functionary, had breached his oath of office.
He further argued that CM Sarma had made objectionable statements not only in Assam but also in Jharkhand and Chhattisgarh, thereby necessitating the Supreme Court’s intervention.
“If the constitutional and social fabric of this country is threatened, shouldn’t Article 32 be invoked? He is brazenly speaking against one entire community,” Singhvi submitted, labeling CM Sarma as a “habitual offender”.
However, the CJI Kant-led Bench expressed strong disapproval of efforts to bypass the High Courts. “You have not even approached the High Court. In our anxiety to invoke one jurisdiction, we cannot undermine the jurisdiction of another. This court cannot become a playground for all this,” it remarked.
“Don’t undermine the authority of the High Courts. It has become a trend now that every matter lands in the Supreme Court. Don’t demoralize the High Court judges,” the apex court stated, indicating a “very calculated move to undermine High Courts”.
When Singhvi suggested that the petitioners be allowed to approach a High Court other than the one in Assam, the CJI Kant-led Bench termed the suggestion “very unfortunate” and said, “We outrightly reject this.”
“Please go through the proper channel, trust the High Court and let them decide. We are absolutely confident that the High Court will handle the matter in accordance with established principles,” it stated.
The controversy centers around a video allegedly posted by the Assam BJP’s official social media handle, which was later deleted. The video depicted the Chief Minister armed with a firearm and included phrases such as “Point blank shot” and “No Mercy.”
This issue has also elicited political responses. AIMIM president Asaduddin Owaisi had previously filed a complaint with the Hyderabad Police Commissioner seeking criminal action against CM Sarma, alleging that the video incited enmity between religious communities.
In response to the complaint, CM Sarma stated he was ready to face arrest. “I am prepared to go to jail. What can I do? I am unaware of any video. If a case has been filed against me, arrest me. I have no objections,” he told reporters in Dibrugarh.