Gauhati HC rejects magistrate order over registering FIR against Assam CM for hate speech

Guwahati, Aug 7: The Gauhati High Court quashed a lower court's order to file a first information report (FIR) for suspected hate speech against Assam Chief Minister Dr. Himanta Biswa Sarma on Thursday.

Following a violent incident during the Sipajhar eviction drive in September 2021, the lower court had ordered the filing of the FIR in relation to comments made by Sarma.

Justice Ajit Borthakur of the Gauhati High Court on Thursday stated that the Magistrate's order appeared rushed and lacked due process. The court noted that the Chief Minister and the police officers were not given an opportunity to present their side before the FIR order was issued.

The order stated that the words used by CM Sarma in his speech did not qualify as 'communally inflammatory'.

The High Court also highlighted that the Magistrate had made an erroneous judgment by ordering the FIR without examining the allegations against the CM. The court emphasized that the provision in the Criminal Procedure Code, which empowers Magistrates to direct investigations into cognizable offenses should not be interpreted strictly to compel the police to file an FIR.

Advocate General Devajit Saikia and Public Prosecutor M Phukan, appeared before the court for the Assam government. Advocate S Nawaz represented the original complainant, MP Abdul Khaleque, while Advocate Padmini Baruah represented Chief Minister Himanta Biswa Sarma. The initial complaint was filed by MP Abdul Khaleque who alleged that CM Sarma's speech aimed to disrupt the fragile communal harmony in the state. The complaint sought the registration of an FIR against Sarma under Sections 153 and 153A of the Indian Penal Code.