Supreme Court asks petitioners to approach Gauhati High Court in Sarma case

The Supreme Court declined to hear petitions seeking action against Assam Chief Minister Himanta Biswa Sarma over alleged remarks and a controversial video. The court asked petitioners to approach the Gauhati High Court and cautioned against bypassing lower courts

New Delhi: The Supreme Court on Monday declined to entertain petitions seeking action against Assam Chief Minister Himanta Biswa Sarma over his alleged remarks targeting Muslims and a now-deleted controversial video purportedly showing him targeting members of a particular community.

Asking the petitioners to approach the Gauhati High Court, a Bench headed by Chief Justice of India (CJI) Surya Kant observed that the issues raised could be “effectively adjudicated” by the jurisdictional High Court and cautioned against the growing trend of directly invoking Article 32 of the Constitution before the apex court.

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“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 prioritise the hearing since the counsel have cited urgency in the matter,” ordered the Bench, also comprising Justices Joymalya Bagchi and Vipul Pancholi.

Senior advocate Abhishek Manu Singhvi, appearing for the petitioners seeking registration of an FIR and a Special Investigation Team (SIT) probe against CM Sarma for alleged hate speech, argued that the Chief Minister, as a constitutional functionary, had violated his oath of office.

He further submitted that CM Sarma had made objectionable statements not only in Assam but also in Jharkhand and Chhattisgarh, thereby warranting 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, describing CM Sarma as a “habitual offender”.

However, the CJI Kant-led Bench expressed strong disapproval of attempts to bypass the High Courts. “You have not even gone to 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 observed.

“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 demoralise the High Court judges,” the apex court said, adding that there appeared to be a “very calculated move to undermine High Courts”.

When Singhvi suggested that the petitioners be permitted to approach a High Court other than the one in Assam, the CJI Kant-led Bench termed the submission “very unfortunate” and said, “We outrightly reject this.”

“Please go through the channel, trust the High Court and let them decide. We are absolutely confident that the High Court will deal with the matter in accordance with the principles,” it said.

The controversy relates to a video allegedly shared by the Assam BJP’s official social media handle, which was later deleted, depicting the Chief Minister armed with a firearm and accompanied by phrases such as “Point blank shot” and “No Mercy”.

The matter has also sparked political reactions. AIMIM president Asaduddin Owaisi had earlier lodged a complaint with the Hyderabad Police Commissioner seeking criminal action against CM Sarma, alleging that the video promoted enmity between religious communities.

Responding to the complaint, CM Sarma had said he was prepared to face arrest. “I am ready to go to jail. What can I do? I do not know anything about any video. If he has filed a case against me, arrest me. What objection do I have?” he had told reporters in Dibrugarh.