A Delhi court has issued notice to Assam Chief Minister Himanta Biswa Sarma and the Delhi Police on a revision petition filed by activist Harsh Mander seeking registration of an FIR against Sarma over alleged hate speech remarks.
Additional Sessions Judge Sonu Agnihotri of the Saket Courts directed the respondents to file their reply on the plea and listed the matter for further hearing on July 15.
The proceedings arose after a Magistrate court dismissed Mander’s application seeking directions for registration of an FIR against Sarma. Aggrieved by the order, Mander approached the sessions court challenging the rejection.
Mander had originally filed a complaint before the Saket Court alleging that Sarma made inflammatory and communally divisive statements during a speech delivered on January 27 at Digboi in Assam’s Tinsukia district. According to the complaint, Sarma allegedly stated that four to five lakh Miya voters would be removed from the electoral rolls during the Special Intensive Revision (SIR) process in Assam.
The complaint further alleged that the Assam Chief Minister made remarks urging people to trouble members of the Miya community and stated that steps were being taken to prevent them from voting in the State. Mander contended that the statements amounted to hate speech and were capable of promoting communal disharmony and social hostility.
The plea sought registration of an FIR under various provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 196 relating to promoting enmity between different groups, Section 197 concerning imputations prejudicial to national integration, Sections 299 and 302 dealing with deliberate acts intended to outrage religious feelings, and Section 353 pertaining to statements conducive to public mischief.
Judicial Magistrate First Class Bhanu Pratap Singh had earlier rejected the plea on the ground that the alleged statements were made outside the territorial jurisdiction of the court. The magistrate also observed that no material had been produced to demonstrate that the statements caused enmity, incitement or disharmony within the jurisdiction of the Delhi court.
Challenging the order before the sessions court, Mander argued that under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), information relating to a cognisable offence could be furnished before any police station, irrespective of the place where the offence occurred. The plea also referred to the legal framework governing Zero FIR and electronic FIR registration.
Counsel appearing for Mander further relied upon the Standard Operating Procedure issued by the Ministry of Home Affairs regarding registration of Zero FIRs and E-FIRs to contend that the magistrate had adopted an unduly restrictive interpretation while rejecting the complaint.
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