Delhi Court Seeks Response from Assam CM on Harsh Mander’s Hate Speech FIR Plea

A recent legal development sees a Delhi court issuing notices to Assam Chief Minister Himanta Biswa Sarma and the Delhi Police concerning a petition filed by activist Harsh Mander. Mander has requested the registration of a First Information Report (FIR) against Sarma, alleging that the BJP leader made a hate speech. This plea follows an earlier denial by a magistrate court, prompting Mander to escalate the matter to the sessions court.

Additional Sessions Judge (ASJ) Sonu Agnihotri from the Saket Courts has officially requested a response from Sarma. The next hearing is scheduled for July 15. The controversy centers around a speech given by Sarma on January 27 in Digboi, located in Assam’s Tinsukia district. Allegations suggest that Sarma declared plans to purge “four to five lakh Miya voters” from Assam’s electoral rolls during a special intensive revision (SIR) process. Furthermore, it is claimed that Sarma encouraged harassment of the “Miyas”, suggesting that such actions would prompt them to leave Assam. He allegedly assured that measures were being taken to prevent them from voting in the state.

Mander is seeking legal action against Sarma under several sections of the Bharatiya Nyaya Sanhita, including Section 196 for promoting enmity between groups, Section 197 for assertions prejudicial to national integration, Section 299 for acts intended to outrage religious feelings, Section 302 for uttering words with intent to wound religious sentiments, and Section 353 for statements that could cause public mischief.

The initial rejection by Judicial Magistrate First Class (JMFC) Bhanu Pratap Singh was based on jurisdictional grounds, stating that the remarks in question were made outside the court’s territorial jurisdiction. The magistrate also noted the absence of evidence indicating that the statements caused enmity or incitement within the court’s jurisdiction.

In challenging this decision, Mander argues that under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), reports of cognizable offences can be submitted either orally or electronically to any police station, regardless of the offence’s location. Oral complaints must be documented in writing and signed by the informant, while electronic complaints should be signed within three days. Mander’s counsel also referenced the Ministry of Home Affairs’ Standard Operating Procedure (SOP) regarding Zero FIR and E-FIR protocols.