A Delhi court on Tuesday issued notice to Assam Chief Minister Himanta Biswa Sarma and Delhi Police on a petition filed by human rights activist Harsh Mander, seeking a first information report (FIR) against the Bharatiya Janata Party (BJP) leader for alleged hate speech during an election campaign in Assam.
The order was approved by Additional Sessions Judge Sonu Agnihotri of Saket Courts. The court decided to refer the case to the July 15 session.
The review application, filed by Mander through advocate Samved Bhagavadeswar, challenges the judge’s order, dismissing the application filed by the activist, and seeks to register a case against Sarma for his alleged “inflammatory speeches” related to the special intensified review in the state during an election campaign on January 27 in Tinsukia district of Digboi in Assam.
In his speech, Sarma allegedly referred to the Miya community, allegedly referring to a sectarian group and how the SAR “will not allow them to vote in Assam”.
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The judge had dismissed the petition on April 20, noting that the prayer did not have the court’s territorial jurisdiction and that the alleged crimes occurred in a different state.
Mander had initially filed a complaint with Hauz Khas police station in January, but after no action was taken, he filed an application before a Saket court.
In his plea, Mander sought the prosecution of the political leader under Bharatiya Nyaya Sanhita (BNS) sections relating to promoting hostility between different groups, assumptions or assertions prejudicial to national integration, willful and malicious acts intended to arouse religious sentiments, uttering words or gestures with deliberate intent to wound religious sentiments and statements resulting in public mischief.
During Tuesday’s proceedings, Mander’s lawyer said that under Section 175 (3) of the Bharatiya Nyaya Suraksha Sanhita (BNSS) Act, which enables judges to direct investigation of cognizable offences, information relating to an offense can be provided to a police officer in writing irrespective of the area where the offense was committed.
