Guwahati court directs police to register FIR against Assam Chief Minister Himanta Biswa Sarma over 'inflammatory' remarks

A Guwahati court on Saturday asked the police to lodge a first information report (FIR) against Assam Chief Minister (CM) Himanta Biswa Sarma over alleged inflammatory remarks in a speech he made last year. .Kamrup Metro district Sub-Divisional Judicial Magistrate B Baruah observed that it was mandatory for the police to have registered an FIR in connection with Sarma's December 2021 speech."The veracity of the allegations is not something which can be enquired prior to the registration of the FIR. By failing to even register the FIR, it appears that the police has failed in the discharge of its duty," the Court said.The Court was hearing a matter based on a complaint by Abdul Khaleque, Member of Parliament from Assam's Barpeta constituency, against the speech made by the CM at Morigaon where he allegedly referred to the incidents of of violence at an eviction drive, as an act of revenge. It was alleged that the CM through his remarks intended to disturb the already fragile communal fabric in the State.The complaint sought the registration of an FIR against Sarma at the Dispur Police Station for offences under Sections 153 (wantonly giving provocation with intent to cause riot) and 153A (promoting enmity between different groups and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code (IPC)..The Court at the outset mentioned that in Lalita Kumar vs State of UP, the Supreme Court had 'unequivocally held' that it is mandatory to register an FIR under Section 153 of CrPC, if the information provided discloses that a cognisable offence was committed. In the instant matter, given that the same did not take place, the Court said it was a fit case to invoke its powers under Section 156(3) of the CrPC (Magistrate's power to order investigation).The Court, therefore, directed the officer-in-charge of the Dispur Police Station to register an FIR, investigate the matter and submit a final-form at the earliest. Advocate SA Borbhuyan appeared for the complainant in the case before the local court..The Gauhati High Court is currently hearing a public interest litigation petition against the violent eviction drive in question. At least two persons were killed in police firing and twenty injured in clashes at Gorukhuti between security forces and occupants, during an eviction drive across villages at Sipajhar in Darrang district on September 23.The High Court had on October 7 had directed the State of Assam to file a detailed affidavit on the recent evictions carried out at Darrang District that resulted in violent clashes including a gruesome video which went viral on social media which showed a photographer stomping violently on the body of a man.A Division Bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Sakia had termed the clashes "a sorry state of affairs".. [Read Order]