Himanta Biswa Sarma
NEW DELHI: The Supreme Court on Monday rebuffed persuasion from CPI, CPM and ’eminent’ persons to entertain petitions seeking registration of FIR and an SIT probe against Assam CM Himanta Biswa Sarma for instances of alleged hate speech and the “target shooting” video against Muslims. “What prevented you from seeking the same relief from the high court (Gauhati), which has wider powers under Article 226 compared to the powers of SC under Article 32? We cannot undermine the HCs,” said the SC.”Rushing to SC with issues which can be effectively dealt with by HCs not only sidelines those constitutional courts but also clogs SC,” said a bench of CJI Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi.The CJI-led bench said, “Unfortunately, whenever elections come, a trend is emerging to rush to SC, virtually making it the platform for political battles. Is it because a political litigation ahead of elections in SC garners pan-India publicity? Why should SC become a playground for political litigations for the purpose of publicity?”The bench disposed of the petitions against CM Himanta Biswa Sarma and requested the HC to grant expeditious hearing to them if they chose to file petitions there. It appealed to all political parties and their functionaries to have mutual respect and exercise restraint, decency and constitutional morality in their speeches.Appearing for petitioners, senior advocate A M Singhvi tried his best, saying it was a fit case for SC to entertain as it reflected the abuse of a constitutional position, the oath of office and hatred towards a community by a constitutional post holder and that the Gauhati HC may not be the right forum to seek redressal of constitutional grievances against the CM.The CJI said, “SC has become a convenient forum because renowned advocates are in Delhi. There are renowned advocates in HCs also. The entire effort appears to be aimed at bypassing HC. Why can’t HC adjudicate the petitions and pass appropriate orders? We cannot render HCs redundant. I will not allow it.”Singhvi said it would be better if SC asks the petitioners to move HC in a state other than Assam. The CJI took exception to this plea and said, “This is another attempt to undermine Gauhati HC…You approach the Gauhati HC and if you remain aggrieved by its decision, then approach SC.”
