A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, asked the petitioners to approach the Gauhati High Court and directed that the matter be heard expeditiously.
“Various directions against officials are sought… In our considered view, all these issues need to be effectively adjudicated by the High Court of the jurisdiction. Consequently, without expressing any opinion, the petitioners are at liberty to approach the jurisdictional High Court. Since the pertinent authorities have urged the court that the matter requires urgent attention, we request the Chief Justice of the jurisdictional High Court to afford expeditious hearing,” the bench observed.
The court said the High Courts’ authority should not be undermined and advised the petitioners to approach the apex court if dissatisfied with the relief granted by the High Court.
During the hearing, the bench remarked, “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.”
It further observed that it was a “disturbing trend” that every matter ends up before the Supreme Court and noted that High Courts had already been deprived of environmental and commercial litigations.
Senior advocate Abhishek Singhvi submitted that Sarma was a habitual and repeat offender and urged the court to entertain the matter.On February 10, the top court had agreed to consider listing a plea filed by Left leaders seeking action against Sarma.
The petitions were filed by CPI(M) and CPI leader Annie Raja, seeking registration of FIRs against Sarma for alleged hate speech aimed at communal polarisation. They also sought the constitution of an SIT, contending that an independent probe was not expected from state or central agencies.
A separate petition was filed earlier by 12 individuals seeking directions to prevent divisive comments by persons holding constitutional posts.
The controversy stems from a video shared by the Assam BJP on its official X handle on February 7, purportedly showing Sarma taking aim with a rifle and firing at two individuals, one wearing a skull cap and the other with a beard. The post was later deleted after it drew political criticism and allegations of inciting violence and communal hatred.
With inputs from PTI
