SC asks petitioners to move Gauhati HC on alleged hate speech by Assam CM Himanta Sarma

The Supreme Court on Monday declined to directly entertain petitions accusing Assam Chief Minister Himanta Biswa Sarma of making hate speeches against a minority community, directing the petitioners to approach the Gauhati High Court instead.

The pleas were filed by the Communist Party of India (Marxist), CPI leader Annie Raja, and Assamese scholar Dr Hiren Gohain.

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A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi and Justice Vipul Pancholi said the jurisdictional High Court was the appropriate forum to consider the matter in the first instance.

“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 petitioner to the jurisdictional High Court,” the court said, requesting the Gauhati High Court Chief Justice to prioritise the hearing in view of the urgency expressed by the petitioners.

The Bench made it clear that though it had jurisdiction under Article 32, litigants must not bypass High Courts. “You have not even gone to the High Court. I am on the shortcut… In our anxiety to invoke one jurisdiction, we cannot undermine the jurisdiction of another (High Court). This court cannot become a playground for all this,” Chief Justice Surya Kant observed. He added, “Why have you not gone to the High Court? Unless the High Court also has become a ground for political battle.”

Senior Advocate Abhishek Manu Singhvi, appearing for one of the petitioners, described Chief Minister Sarma as a “habitual and repeat offender” and urged the Court to intervene directly, arguing that the alleged remarks had ramifications beyond Assam. “This affects the fundamental rights under Article 14, 15, and 21… We are seeking a SIT, and what SIT in Assam can do against the Boss of Assam?” he submitted.

The Court, however, rejected suggestions of sending the matter to another High Court. “It cannot become a convenient forum shopping… Sending to another High Court is a serious aspersion which I outrightly reject,” CJI Surya Kant said, cautioning against any “calculated effort” to undermine the authority of the High Courts.

The petitions relate to speeches and a controversial video allegedly depicting inflammatory remarks targeting Muslims, including references to “Miya” voters. While reiterating that it was not commenting on merits, the Court said, “Please go through the channel, trust the High Court and let them decide… if you don’t succeed, come here.”