The Supreme Court on Monday refused to entertain pleas against Assam Chief Minister Himanta Biswa Sarma and asked the petitioners to move to the Gauhati High Court, saying the petitioners should not undermine its authority. The pleas were filed against Sarma over his viral video in which he was allegedly firing with a rifle at members of a particular community.
The remarks were made by a three-judge bench, which included Chief Justice of India (CJI) Surya Kant, and Justices Joymalya Bagchi and Vipul M Pancholi. The bench said it has become a "disturbing trend" that everything "ends up" at the Supreme Court, adding that high courts have been deprived of "environmental and commercial litigations".
"Why haven't you gone to the Gauhati High Court? Don't undermine its authority Will ask parties to use restraint and remain within the boundaries of constitutional morality, but this is becoming a trend just before the polls," the Supreme Court said, asking the Gauhati High Court Chief Justice to expedite the hearing in the matter.
Court cautious against 'convenience forum shopping'
During the hearing, the petitioners were asked why they didn't move to the high court. To this, senior advocate Abhishek Singhvi said the matter affects Fundamental Rights under Article 14, 15 and 21, while seeking a probe by a special investigating team (SIT). Singhvi called Sarma a "habitual and repeated" offender, saying this case would ideal for the apex court to exercise the powers of Article 32.
However, the court cautioned against "convenience forum shopping" as senior lawyers are based in Delhi and said that Article 226 of the Constitution allows people to approach to the nearest high court. It also rejected a suggestion that the matter should be moved to another high court, as it observed that the Supreme Court cannot become a "forum for every politically sensitive dispute".
Singhvi argued that the matter affects the entire country, but the court asked how. "When we talk of access to justice. Article 226 is created by the same. So that you can go to nearest HC and seek justice. We are not saying we don't have jurisdiction... if you don't succeed come here," the Supreme Court said.
Sarma's controversial video
Meanwhile, a video of Sarma had gone viral in which the Assam CM could be purportedly taking aim with a rifle and firing at two people of a particular community. The video was shared on X (formerly Twitter) by the Assam unit of the Bharatiya Janata Party (BJP).
However, the video caused a row, with the opposition slamming Sarma, alleging that the Assam CM was trying to polarise the situation in the state ahead of the upcoming assembly polls. Following the row, the video was deleted by the saffron party.
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