New Delhi, February 16 The Supreme Court on Monday refused to entertain petitions seeking action against Assam Chief Minister Himanta Biswa Sarma over a viral video purportedly showing him aiming and firing a rifle at members of a particular community.
Expressing strong disapproval of the trend of parties directly approaching the top court, a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked the petitioners to approach the Gauhati High Court with their grievances.
The top court also asked the chief justice of the Gauhati High Court to expedite the hearing in the matter.
"Why haven't you gone to the Gauhati High Court? Don't undermine its authority. We will ask parties to exercise restraint and remain within the bounds of constitutional morality, but this is becoming a trend just before the elections," the bench observed.
"This is a disturbing trend that every matter ends up here. We have already deprived high courts of environmental and commercial litigations," the bench observed.
As the hearing commenced, CJI Kant observed, "Wherever the elections come, this court becomes a political battleground."
Political parties should fight elections based on "mutual respect and self-restraint”, he said.
Senior advocate Abhishek Singhvi, appearing for the petitioners, submitted that Sarma is a habitual and repeat offender, as he urged the court to entertain the matter.
Singhvi said the case should be entertained under Article 32, as the high court may not be an appropriate remedy since the petitioners are seeking an SIT investigation against the Assam chief minister.
The senior lawyer argued that Sarma made objectionable statements not only in Assam, but in Jharkhand and Chhattisgarh as well, and hence it was a pan-Indian case.
The court, while refusing to entertain the matter, noted in its order, "All these issues can be effectively adjudicated by the jurisdictional high court.
"We see no reason to entertain this petition here, and thus we relegate the petitioners to the jurisdictional high court. We request the high court chief justice to grant an expeditious hearing.”
The top court on February 10 agreed to consider listing a plea of Left leaders seeking action against Sarma.
Referring to the upcoming Assembly polls in Assam, the top court said the problem is that a part of the elections is fought before it.
It took note of the submissions of lawyer Nizam Pasha, appearing for a few CPI and CPI(M) leaders, against Sarma and said it will consider listing the plea.
The video of Sarma purportedly taking aim with a rifle and firing at two people, one wearing a skull cap and the other with a beard, was shared by the Assam BJP on its official X handle on February 7.
The controversial post sparked widespread outrage and political condemnation. The BJP deleted the post after it was accused of inciting violence and communal hatred.
Separate pleas have been filed by the CPI(M) and CPI leader Annie Raja, seeking the registration of FIRs against Sarma for alleged hate speech aimed at communal polarisation.
They also sought the top court to set up an SIT, claiming that an independent probe was not expected from the state or the central agencies.
The pleas listed in chronological order alleged provocative speeches and statements by Sarma.
Earlier, a separate petition was filed by 12 people on the issue, seeking directions to prevent divisive comments by persons holding constitutional posts.
