Key words :- Guwahati High Court , FIR , Assam CM .
During a speech given in Morigaon district following the Sipajhar eviction operation, Sarma reportedly made mention of the violent events that occurred in Sipajhar as an act of retaliation.
The Guwahati High Court recently invalidated a prior court’s instruction to file a First Information Report (FIR) accusing Assam Chief Minister Dr. Himanta Biswa Sarma of hate speech. This was in connection to his comments about the violence following the Sipajhar eviction operation in September 2021. In a speech given in Morigaon district after the eviction, Sarma reportedly referred to the violent incidents as an act of reprisal. [Reference: State of Assam and ors vs Abdul Khaleque and anr]
On Thursday (August 3), Justice Ajit Borthakur of the Guwahati High Court stated that the Magistrate appeared to have hastily issued an order to register an FIR, neglecting to listen to the Chief Minister or the police officers who had previously determined that no recognizable offense had been established. The High Court expressed the view that the Magistrate committed a judgmental mistake by issuing an order without thoroughly evaluating the accusations against the Chief Minister.
Furthermore, the High Court clarified that petitions filed under Section 156(3) of the Criminal Procedure Code, granting Magistrates the authority to initiate investigations into cognizable offenses, should not be strictly interpreted to imply mandatory registration of an FIR by the police.
After examining the complaint, the High Court emphasized that it was evident that no recognizable offense had been established against the Chief Minister, thus rendering the registration of a criminal case by the police unnecessary. The accusation was that the Chief Minister’s statements were aimed at destabilizing the delicate communal harmony within the State.The complainant had requested the Dispur Police Station to register an FIR against Sarma, citing violations under Sections 153 (inciting provocation with the intention of causing a riot) and 153A (encouraging hostility between different groups and engaging in acts harmful to harmony) of the Indian Penal Code (IPC).
During the eviction operation in various villages in Sipajhar, Darrang district, on September 23, 2021, confrontations between security forces and residents in Gorukhuti resulted in two fatalities from police gunfire and twenty injuries. Subsequently, on October 7, the High Court instructed the State of Assam to provide a comprehensive affidavit regarding the incident, taking note of a disturbing video that had gained widespread attention on social media. The video depicted a photographer aggressively stepping on the body of a man who had been fatally shot.
Written by :- RATNESH TEMBE, College :- Law Department , PIMR , Indore , An intern under LEGAL VIDHIYA.
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