'No shortcuts': SC dismisses plea over Himanta Sarma's 'miya' remark
What's the story
The Supreme Court on Monday declined to entertain petitions against Assam Chief Minister Himanta Biswa Sarma for his remarks allegedly targeting Muslims. The petitions were filed by the Communist Party of India (Marxist), CPI leader Annie Raja, and Assamese scholar Dr. Hiren Gohain. A bench headed by Chief Justice of India Surya Kant suggested that the Gauhati High Court should take up the matter instead. CJI Kant said, "All these issues can be effectively adjudicated by the jurisdictional High Court."
Court's recommendation
'This court cannot become a playground'
The court underlined that, while it has the jurisdiction to hear the matter directly, it is opposed to "shortcuts" in which petitions are heard first by the Supreme Court before proceeding to the High Court. "You have not even gone to the High Court. I am on the shortcut. In our anxiety to invoke one jurisdiction, we cannot undermine the jurisdiction of another. This court cannot become a playground for all this," said CJI Kant.
Petitioners
What petitioners said
Senior Advocate CU Singh stated that several individuals have already written to the Chief Justice of the Gauhati High Court. He further pointed out that Sarma had made controversial comments not only in Assam but also in Chhattisgarh and Jharkhand. Senior Advocate AM Singhvi, also for the petitioners, contended that Sarma's words affect the entire country and that he is a "habitual offender," making it an acceptable matter for the Supreme Court to intervene.
High court's role
CJI Kant urges parties to adhere to constitutional morality
The SC, however, maintained that the matter must first be heard by the high court. "Otherwise, won't it become unmanageable that all these cases come before the Supreme Court? Please go through the channel, trust the HC and let them decide. We can ask the High Court that all petitions be entertained in a prioritized sense of importance ... Once you file a plea, you have to be heard.. Suo motu is a prerogative of the Court," said CJI Kant.
Video controversy
Petitions linked to controversial video showing Sarma shooting
The petitions were linked to a controversial video released by the Assam Bharatiya Janata Party (BJP), allegedly showing Sarma taking aim with a rifle at two people, one wearing a skullcap and the other with a beard. The video had text phrases like "Point blank shot" and "No Mercy." The pleas also sought action against Sarma for his remarks about removing "four to five lakh Miya voters" from electoral rolls. "Miya" is used to address Muslims in a derogatory manner.