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Delhi court notice to Assam CM on Harsh Mander’s plea over alleged ‘hate speech’
Mander sought registration of a case against Sarma over his alleged “inflammatory speeches” pertaining to the SIR in state during an election campaign on Jan 27
A Delhi court on Tuesday issued notice to Assam chief minister Himanta Biswa Sarma and Delhi Police in a plea filed by human rights activist Harsh Mander, seeking a first information report (FIR) against the Bharatiya Janata Party (BJP) leader for alleged hate speech during an election campaign in Assam.
The order was passed by additional sessions judge Sonu Agnihotri of Saket courts. The court has listed the matter for hearing on July 15.
The revision plea, moved by Mander through advocate Samved Bagavadeeswar, challenges a magistrate’s order, dismissing an application filed by the activist, seeking the registration of a case against Sarma over his alleged “inflammatory speeches” pertaining to the special intensive revision in the state during an election campaign on January 27 in Digboi’s Tinsukia district in Assam.
Sarma in his speech purportedly referred to the Miya community, allegedly referring to a communal group and how the special intensive revision “will not allow them to vote in Assam”.
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The magistrate had dismissed the plea on April 20, observing that the prayer lacked the court’s territorial jurisdiction and the alleged offences took place in a different state.
Mander had initially approached the Hauz Khas Police Station in January with a complaint, however, after no action was taken, he filed an application before Saket court.
In his plea, Mander had sought prosecution against the political leader under Bharatiya Nyaya Sanhita (BNS) sections pertaining to promoting enmity between different groups, imputations or assertions prejudicial to national integration, deliberate and malicious acts intended to outrage religious feelings, uttering words or gestures with deliberate intent to wound religious feelings and statements conducing to public mischief.
During Tuesday’s proceedings, Mander’s counsel argued that section 175(3) of Bharatiya Nyaya Suraksha Sanhita (BNSS), which empowers magistrates to direct investigation into cognisable offences, information regarding an offence can be given to a police officer in writing irrespective of the area where the offence is committed.
