Delhi court seeks Himanta Sarma's response on hate speech plea
What's the story
A Delhi court has issued a notice to Assam Chief Minister Himanta Biswa Sarma and the Delhi Police. The notice was issued in connection with a plea filed by activist Harsh Mander, who is seeking the registration of an FIR against Sarma for alleged hate speech. The case will be heard next on July 15.
Complaint details
What was Sarma's alleged hate speech
Mander had initially filed a complaint before the Saket Court, seeking an FIR against Sarma for his speech on January 27 in Digboi, Assam. In this speech, Sarma allegedly said that "four to five lakh Miya voters" would be deleted from the electoral rolls during the state's special intensive revision (SIR) process. He also allegedly urged people to trouble "Miyas," saying only then would they leave Assam.
Rejection details
Court rejected Mander's plea earlier this month
Mander sought an FIR against Sarma under various sections of the BNS, including Sections 196 (promoting enmity between different groups), 197 (imputations or assertions prejudicial to national integration), and 299 (deliberate and malicious acts intended to outrage religious feelings). Judicial Magistrate First Class Bhanu Pratap Singh had rejected Mander's plea, saying the statements were made outside the court's territorial jurisdiction. The judge also noted that there was no evidence to prove the remarks caused enmity or incitement within this jurisdiction.
Challenge details
Mander challenged the judicial magistrate's order in sessions court
Mander then challenged the judicial magistrate's order in the sessions court. He argued that under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), information about a cognizable offense can be given orally or electronically to any police station, irrespective of where it occurred. His counsel also cited the Ministry of Home Affairs's SOP on Zero FIR and E-FIR. On Wednesday, Additional Sessions Judge (ASJ) Sonu Agnihotri of the Saket Courts issued notice to Sarma and sought his response.