A Delhi court sought the response of Assam Chief Minister Himanta Biswa Sarma on a plea filed by activist Harsh Mander seeking registration of an FIR over alleged hate speech remarks.
A Delhi court has sought a response from Assam Chief Minister Himanta Biswa Sarma on a plea filed by activist Harsh Mander seeking registration of an FIR over alleged hate speech remarks.
The court issued notice to Sarma while hearing Mander’s petition. The plea seeks criminal action against the Chief Minister for statements that allegedly amount to hate speech.
Harsh Mander Seeks FIR
Harsh Mander approached the Delhi court and requested directions for registration of an FIR against Himanta Biswa Sarma.
According to the petition, certain public statements made by the Chief Minister promoted hostility and may attract criminal liability under the law. Mander urged the court to direct the police to register an FIR and conduct an investigation.
Court Examines Plea
During the hearing, the court reviewed the submissions and documents placed on record by the petitioner.
The court considered whether the allegations and supporting material justified further proceedings. It also examined whether a response from the Assam Chief Minister was necessary before deciding the request for registration of an FIR.
At this stage, the court did not examine the merits of the allegations. It also did not make any finding on whether the statements amounted to hate speech.
Notice Issued to Himanta Biswa Sarma
After hearing the matter, the court issued notice to Himanta Biswa Sarma and asked him to file a response.
The court granted time for the reply and listed the matter for further hearing. The order only seeks a response and does not determine criminal liability.
Allegations Relate to Hate Speech
The case concerns allegations that certain public statements made by the Assam Chief Minister constitute hate speech.
The petitioner argues that the remarks may promote hostility or communal disharmony. He has therefore sought judicial intervention and criminal proceedings.
Court Reviews Legal Framework
The court also examined the legal principles governing pleas that seek directions for registration of FIRs.
It considered the powers available to a magistrate when dealing with allegations of cognizable offences. The court further reviewed the standards that apply at the pre-investigation stage, especially in cases involving alleged hate speech by public figures.
The judge noted that the current proceedings are limited to obtaining a response from the concerned party. The court has not assessed the truthfulness of the allegations or the legality of the statements.
Matter Remains Pending
The case remains pending before the Delhi court.
The court will decide at a later stage whether the facts justify registration of an FIR or any further criminal proceedings. It will consider the responses filed by the parties before passing further orders.
No finding has been recorded against Himanta Biswa Sarma at this stage. The court will continue hearing the matter in accordance with criminal procedure and applicable legal principles.
