The Supreme Court on Monday declined to entertain pleas seeking action against Assam Chief Minister Himanta Biswa Sarma over a viral video allegedly showing him taking a rifle and firing at members of a particular community.
A bench comprised of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked the p[petitioners to approach the Gauhati High Court with their grievances.
“Why haven't you gone to the Gauhati High Court? Don't undermine its authority… Will ask parties to use restraint and remain within the boundaries of constitutional morality, but this is becoming a trend just before the polls,” the court stated.
"This is a disturbing trend that every matter ends up here. We have already deprived high courts of environmental and commercial litigations," the court observed.
The petitions were filed by the Communist Party of India (Marxist), CPI leader Annie Raja, Assamese scholar Hiren Gohain, and three other individuals.
CJI Kant said that the while the Supreme Court has jurisdiction under Article 32, bypassing the high Courts to approach the SC undermined their role. “We will ask political parties to exercise restraint, but this is becoming a trend just before elections. Please come to us through the proper constitutional route,” he said.
Meanwhile, the petitioners' counsel argued that the matter affects fundamental rights under Articles 14, 15, and 21, and Sarma’s remarks in his speeches made in Jharkhand and Chhattisgarh warranted Supreme Court scrutiny.
The developments come after the Bharatiya Janata Party Assam posted a video on X showing Sarma purportedly aiming a rifle at two people, one wearing a skullcap and another with a beard.
The video was deleted following the backlash it received.
The video also included a photo of the CM with the text saying "Identity, land and roots come first; Why did you go to Pakistan; No forgiveness for Bangladeshis."
ALSO READ
The party was accused of inciting violence and communal hatred.
Opposition parties slammed the video for glorifying the “murder of minorities”. Congress general secretary KC Venugopal said on X that “This is nothing but a call to genocide - a dream this fascist regime has harboured for decades.”