Move HC on Assam CM’s ‘hate speech’: SC | India News



New Delhi: The Supreme Court The CPI, CPM and ‘prominent’ persons on Monday rejected the pleas of the CPI, CPM and ‘prominent’ persons to register an FIR and an SIT probe into alleged hate speech against Assam Chief Minister Himanta Biswa Sharma and instances of “target shooting” videos against Muslims. “Prevented you from seeking the same relief from the High Court (Gauhati), which has greater powers under Article 226 than the powers of the SC under Article 32? We cannot weaken the High Court,” said the SC.A bench of CJI Surya Kant and Justices Jayamalya Bagchi and Vipul M Pancholi said, “Running to the SC on issues effectively dealt with by the HC not only sidelines those constitutional courts but also stalls the SC.”The CJI-led bench said, “Unfortunately, whenever elections come, there is a tendency to rush to the SC, virtually making it a platform for political battles. Is it because a political case gets all-India publicity before an election in the SC? Why should the SC become a public playground for political cases?”The bench disposed of the petitions against Chief Minister Himanta Biswa Sharma and requested the High Court to allow them speedy hearing if they chose to file the petition there. It appealed to all political parties and their functionaries to exercise mutual respect and moderation, decency and constitutional ethics in their speech.Appearing for the petitioners, senior advocate AM Singhvi tried his best, saying that it was a fit case for the SC to entertain as it reflected abuse of a constitutional office by a constitutional office holder, oath of office and contempt for a community and the Gauhati High Court could not be the proper forum for disposal of constitutional complaints against the Chief Minister.The CJI said, “SC has become a convenient forum because eminent lawyers are in Delhi. HC also has eminent lawyers. The whole effort seems to be aimed at bypassing the High Court. Why can’t the HC hear the petitions and pass appropriate orders? We cannot make the HCs redundant. I will not allow it.”Singhvi said it would be better if the SC asked the petitioners to approach the High Court in a state other than Assam. Taking exception to the plea, the CJI said, “This is another attempt to undermine the Gauhati High Court… You go to the Gauhati High Court and if you are aggrieved by its decision, then go to the SC.”



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