Delhi: The Supreme Court on Monday declined to directly entertain a series of petitions seeking criminal proceedings and a Special Investigation Team (SIT) probe against Assam Chief Minister Himanta Biswa Sarma over alleged controversial remarks, including references to the term “Miya.” The court observed that the matter falls within the jurisdiction of the concerned High Court and should be examined there first.
A Bench headed by Chief Justice of India Surya Kant stated that constitutional courts at the state level are fully empowered to adjudicate such issues. “We are of the considered view that these questions must be effectively examined by the jurisdictional High Court,” the Bench remarked, while granting the petitioners liberty to seek relief before the appropriate forum. The court clarified that it was not expressing any opinion on the merits of the allegations.
The petitions reportedly sought directions for registration of an FIR and the formation of an SIT to investigate alleged hate speech and a social media video shared earlier this month from the Assam BJP’s official handle. The video, which depicted the Chief Minister at a firing range with a caption referencing a “point-blank shot,” was later removed following political criticism.
Among those who moved the apex court were leaders associated with the Communist Party of India (Marxist) and the Communist Party of India. They argued that an independent probe was necessary, claiming that investigative agencies under the state or Centre would not ensure neutrality in examining the allegations.
The Supreme Court, however, emphasised the importance of respecting the federal judicial structure and cautioned against bypassing High Courts in matters that can be addressed at the state level. It also requested that if the petitioners approach the relevant High Court, the case should be considered expeditiously.
