The Supreme Court has advised those filing petitions against the controversial speech and posts of Assam Chief Minister Himanta Biswa Sarma to approach the High Court. During this, Chief Justice Surya Kant also made some strong comments. He said what is the problem in going to the High Court with this case. There are capable judges and lawyers too. When the petitioner said that this is a matter of targeting a community, it is an issue of the entire country and the Supreme Court should hear it, then CJI Surya Kant said that the Supreme Court should hear every incident in the country.
During the hearing, petitioner’s lawyer Abhishek Manu Singhvi said that if this matter cannot be heard in this court, then the court will have to determine the limit of Article 32. He said that he is demanding formation of SIT in this case and wants to know what SIT can do against the boss of Assam. The CJI said that he would urge political parties to exercise restraint and stay within the bounds of constitutional morality, but a new trend has started that whenever elections are held in a state, the Supreme Court becomes the battlefield of politics.
CJI angry at coming directly to Supreme Court instead of going to High Court
Abhishek Singhvi said that Himanta Biswa Sarma is doing this again and again and this is an ideal case to be heard under the power of Article 32. Here, cases like Bilkis Rasool and Vinod Dua have been heard directly by the Supreme Court. On this the CJI said that these were cases where punitive action was taken against people. Here you are demanding action, then Abhishek Singhvi said that this is a matter of a person holding a high position. The court repeatedly questioned the petitioner as to why he had come directly to the Supreme Court instead of going to the High Court.
HC has capable judges and lawyers, CJI said
CJI said that there are experienced judges in the High Court also. You people bring every issue to the Supreme Court. You people understand the High Court less. There are good lawyers and judges there too. On this, Abhishek Singhvi told the CJI that if you want to send only the High Court, then send any High Court other than Assam. On his demand, the CJI said that this is a very wrong demand. I reject it.
Abhishek Singhvi said that this is a case of targeting a community. It is a matter of the entire country. You should listen. The CJI said, ‘That means the Supreme Court should hear every incident in the country. If we feel that the High Court cannot hear a case, then we will hear it. This cannot happen in every case.
CJI said- it is wrong to degrade the rights of HC
And petitioner’s lawyer Nizam Pasha also urged the Supreme Court to hear the case and said that the Supreme Court is hearing many contempt petitions regarding hate speech. The CJI said on this that there is no contempt petition here. You guys didn’t even go to the High Court. Came here straight away. It is wrong to degrade the rights of the High Court.
Multiple FIRs against Assam CM, plea of ​​petitioner
Nizam Pasha said that FIRs have been filed against Assam CM in many states. CJI said on this that if it is so, then the person against whom FIR has been lodged will come to us regarding this. We will not listen to any PIL. C U Singh, lawyer of the second petitioner, said that we had written a letter to the Chief Justice of the High Court requesting suo motu cognizance, but he has not done so till now. CJI Surya Kant said on this that writing a letter and filing a petition are different things.
A few days ago, a video was posted on Assam BJP’s page on social media platform However, later this video was removed from the page. The petitioners allege that Himanta has tried to spread discrimination on the basis of religion, birthplace and language through his speech.
