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Assam court orders case against CM Himanta Sarma for ‘inflammatory remarks’
The court’s direction came on a petition by Congress Lok Sabha MP Abdul Khaleque seeking registering of a case against Sarma for offences punishable under sections 153/153A of IPC
A court in Guwahati has directed the Assam police to register a case against chief minister Himanta Biswa Sarma for his allegedly inflammatory remarks over an eviction drive carried out last year.
The court’s direction came on a petition by Congress Lok Sabha MP Abdul Khaleque seeking registering of a case against Sarma for offences punishable under sections 153/153A of Indian Penal Code (IPC) for making provocative statements that could cause rioting and promoting disharmony, enmity or hatred between different groups. Khaleque has alleged in his complaint that Sarma made the remarks at Marigaon in central Assam on December 10.
According to Khaleque, Sarma’s comments were regarding an eviction exercise carried out at Garukhuti in Darrang district in September last year. Two civilians were killed in police action during the drive.
“The OC (officer in-charge) of Dispur police station (in Guwahati) is directed to register a case on the allegations made in the complaint and investigate the matter fairly and submit the final form at the earliest,” said sub-division judicial magistrate Biswadeep Baruah in his order on Saturday. HT was able to access the ruling on Monday.
In December last year, Khaleque had approached the Dispur police station to register a first information report (FIR) against Sarma. But with the police failing to register a case against the CM, Khaleque decided to approach the court.
“The veracity of the allegations is not something which can be enquired prior to the registration of the FIR. By failing even to register the FIR, it appears that the police have failed in the discharge of its duty,” the court order read.
Khaleque has alleged that in his speech, Sarma mentioned that the eviction exercise was “revenge” for the incidents that took place in 1983 during the peak of the Assam Agitation against illegal migrants.
“Betraying his oath to the Constitution, Sarma has maliciously given a communal colour to what was supposed to be an executive exercise,” Khaleque’s complaint read.
“By calling the horrendous acts (deaths of two civilians) as revenge, Sarma has not only justified the killings and arson committed there, the legality of which is sub-judice before the Hon’ble Gauhati High Court, but he has gone far ahead and communalised the whole exercise -- the target of which, was the Muslim population living there,” it added.
Khaleque said that by terming the eviction drive (and the killing of two civilians) as revenge, the CM was giving “wanton provocation” to the public “to commit further acts of rioting against a particular community”.
“Through such malignant and provocative utterances, the CM is intending to cause disharmony or feelings of enmity, hatred or ill-will towards the Muslim population of Assam,” the MP’s complaint read.
