The Supreme Court on Monday refused to entertain pleas seeking action against Assam chief minister Himanta Biswa Sarma over a viral video allegedly showing him taking aim and firing a rifle at members of a particular community.
A top court bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked the petitioners to move the Gauhati High Court with their pleas, news agency PTI reported.
The apex court asked why the petitioners hadn't moved the Gauhati HC, warning them not to undermine its authority.
"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 top court said.
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"This is a disturbing trend that every matter ends up here," the Supreme Court stated, adding that the high courts have already been deprived of environmental and commercial litigations.
{{/usCountry}}"This is a disturbing trend that every matter ends up here," the Supreme Court stated, adding that the high courts have already been deprived of environmental and commercial litigations.
{{/usCountry}}Senior advocate Abhishek Singhvi, for the petitioners, submitted before the top court that Sarma is a "habitual and repeat offender", urging the court to entertain the matter.
However, the SC bench refused to do so and directed the petitioners to approach the high court. Further, it also asked the chief justice of the Gauhati HC to expedite the hearing in the matter.
On February 10, the Supreme Court agreed to consider a plea moved by Left leaders, seeking action against the Assam chief minister.
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In reference to the upcoming assembly elections in the state, the apex court said the problem is that a part of the polls are fought before the actual event.
It also noted the submissions of lawyer Nizam Pasha, appearing for a few CPI and CPI(M) leaders, against Sarma, stating that it would consider listing the plea.
What is Sarma's viral video row?
The official X handle of the BJP's Assam unit had shared a video of Sarma on February 7 with the caption "point blank shot".The video purportedly showed Sarma taking aim with a rifle and firing a shot at a photo of two individuals, both wearing a skull cap, HT reported earlier.
The video also included a photo of the CM with a text saying, "Identity, land and roots come first; Why did you go to Pakistan; No forgiveness for Bangladeshis."
The post drew massive fire from Opposition parties. The Congress slammed the video and said it appeared to glorify the targeted, which the party described as a "point-blank murder of minorities".
"It is deeply abhorrent and disturbing and cannot be dismissed as random troll content. This amounts to a call to mass violence and genocide," it wrote in a post on X.
Congress general secretary KC Venugopal also said that this is not an innocuous video to be ignored as troll content, but as "poison being spread from the very top", adding that there must be consequences for this.
“This is nothing but a call to genocide - a dream this fascist regime has harboured for decades,” the Congress leader said on X.
Amid growing outrage and political condemnation, the BJP deleted the post.
Separate pleas have been filed by the CPI(M) and CPI leader Annie Raja, seeking the registration of FIRs against Sarma for the alleged hate speech aimed at communal polarisation.
The petitioners also sought that the Supreme Court set up a special investigation team (SIT) because an independent probe was not expected from the state or the central agencies.
Earlier, a separate plea filed by 12 people on the matter sought directions to prevent divisive remarks by persons holding constitutional posts.