SC asks petitioners to move Gauhati HC over pleas against Assam CM

The Supreme Court on Monday refused to entertain petitions seeking action against Assam Chief Minister Himanta Biswa Sarma over a viral video purportedly showing him taking aim and firing with a rifle at members of a particular community, asking the petitioners to approach the Gauhati High Court instead.

A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, said the grievances should first be raised before the high court and directed that the matter be heard expeditiously there.

“Why haven't you gone to the Gauhati High Court? Don’t undermine its authority… This is becoming a trend just before the polls,” the bench observed, adding that a growing number of politically sensitive matters were being brought directly to the apex court.

The judges said parties must exercise restraint and remain within the bounds of constitutional morality, noting that election-related disputes were increasingly being litigated before the Supreme Court instead of appropriate forums.

During the hearing, senior advocate Abhishek Singhvi argued that the court should intervene, alleging that Sarma was a “habitual and repeat offender”. Counsel Nizam Pasha, appearing for leaders of the CPI (Communist Party of India) and CPI(M) (Communist Party of India-Marxist), also pressed for urgent action, including the registration of FIRs and the constitution of a special investigation team (SIT).

The pleas stem from a video shared by the Assam BJP on its official X handle on 7 February, which allegedly showed Sarma taking aim with a rifle and firing at two individuals — one wearing a skull cap and another with a beard. The post triggered political controversy and was later deleted by the party after criticism that it could incite communal tensions.

Separate petitions were filed by CPI(M) leaders and CPI leader Annie Raja, seeking criminal proceedings against the chief minister for alleged hate speech aimed at communal polarisation. The petitioners also sought an independent probe, arguing that state or central agencies could not be expected to conduct a fair investigation.

Referring to the upcoming Assembly elections in Assam, the bench remarked that “a part of the elections is fought before this court”, signalling its reluctance to become the first forum for such disputes.

The top court had earlier, on 10 February, agreed to consider listing one of the pleas filed by Left leaders seeking action against Sarma. Another petition by a group of 12 individuals had sought broader directions to prevent divisive statements by persons holding constitutional offices.

With Monday’s order, the petitioners have been asked to move the Gauhati High Court, where the matter is now expected to be taken up on priority.