Supreme Court declines plea against Himanta Biswa Sarma, directs petitioners to Gauhati High Court

Supreme Court of India, on February 16, refused to entertain petitions seeking action against Assam Chief Minister Himanta Biswa Sarma over a viral video that purportedly shows him taking aim and firing a rifle at members of a particular community.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked the petitioners to approach the Gauhati High Court with their grievances. The court also requested the Chief Justice of the Gauhati High Court to expedite the hearing if a plea is filed there.

“Why haven't you gone to the Gauhati High Court? Don't undermine its authority… Will ask parties to use restraint and remain within the boundaries of constitutional morality, but this is becoming a trend just before the polls,” the bench observed.

Calling it a “disturbing trend”, the judges said that “every matter ends up here”, adding that high courts have already been deprived of environmental and commercial litigation.

The video in question was shared by the Assam BJP on its official X handle on February 7. It allegedly shows Sarma aiming and firing at two individuals — one wearing a skull cap and another with a beard. The post triggered widespread criticism and political condemnation, with opponents accusing the ruling party of promoting communal division. The BJP later deleted the post after allegations that it incited violence and communal hatred.

During the hearing, senior advocate Abhishek Singhvi argued that Sarma was a “habitual and repeat offender” and urged the apex court to intervene. Lawyer Nizam Pasha, appearing for leaders of the Communist Party of India and the Communist Party of India (Marxist), pressed for urgent consideration of the matter.

Separate petitions have been filed by the CPI(M) and CPI leader Annie Raja seeking the registration of FIRs against Sarma for alleged hate speech aimed at communal polarisation. The petitioners also sought the constitution of a Special Investigation Team, contending that an independent probe was unlikely from state or central agencies.

On February 10, the top court had agreed to consider listing a plea by Left leaders on similar allegations. Referring to the forthcoming Assembly elections in Assam, the bench remarked that part of the electoral battle appears to be fought in courtrooms.

An earlier petition by 12 individuals had also sought directions to restrain holders of constitutional office from making divisive remarks. With Monday’s order, the apex court signalled that such challenges must first be tested before the jurisdictional high court.