Delhi court seeks Assam CM Himanta Biswa Sarma's response on plea by Harsh Mander to lodge hate speech FIR

A Delhi court recently issued notice to Assam Chief Minister Himanta Biswa Sarma and the Delhi Police on a plea filed by activist Harsh Mander seeking registration of a first information report (FIR) against the BJP leader for hate speech.

A magistrate court had earlier rejected Mandar's plea prompting him to approach sessions court.

Additional Sessions Judge (ASJ) Sonu Agnihotri of the Saket Courts issued notice to Sarma and sought his response.

The case will be heard next on July 15.

Mander had filed a complaint case before the Saket Court seeking FIR against Sarma for his speech on January 27 in Digboi in Tinsukia district of Assam. In the speech, Sarma allegedly stated that between "four to five lakh Miya voters" would be removed from the electoral rolls during the special intensive revision (SIR) process in the state.

It was alleged that Sarma also urged people to trouble "Miyas", adding that "only if they face troubles will they leave Assam’. Sarma further stated that "we are ensuring that they cannot vote in Assam".

Mander sought an FIR against Sarma under Sections 196 (promoting enmity between different groups), 197 (imputations or assertions prejudicial to national integration), 299 (deliberate and malicious acts intended to outrage religious feelings), 302 (uttering words or gestures with deliberate intent to wound religious feelings), 353 (statements conducing to public mischief) of the Bharatiya Nyaya Sanhita.

Judicial Magistrate First Class (JMFC) Bhanu Pratap Singh rejected Mander's plea on the grounds that the statements were not made within the Court's territorial jurisdiction. The judge also observed that no material had been placed on record to show the remarks caused enmity, disharmony or incitement within the court’s jurisdiction.

Mander challenged the order before the sessions court, arguing that under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), information about a cognizable offence can be given orally or electronically to any police station, regardless of where the offence occurred.

Oral complaints must be recorded in writing and signed by the informant, while electronically submitted complaints must be signed within three days, it was stated.

His counsel also referred to the Ministry of Home Affairs’ Standard Operating Procedure (SOP) on Zero FIR and E-FIR.

[Read Order]