A Delhi court has sought responses from Assam Chief Minister Himanta Biswa Sarma and the Delhi Police on a petition filed by activist Harsh Mander seeking registration of an FIR over alleged hate speech targeting Bengali-speaking Muslims in Assam.
Additional Sessions Judge Sonu Agnihotri of the Saket Court issued notices on Tuesday and asked both parties to respond to Mander’s revision plea. The matter will now be heard on July 15.
Harsh Mander Challenges Earlier Court Order
The petition was filed after a magistrate court earlier refused to direct the registration of an FIR against Sarma. The lower court had dismissed Mander’s plea under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), saying the Delhi court did not have territorial jurisdiction over the matter.
The magistrate had also observed that there was no material to show that Sarma’s remarks had caused communal disharmony or incitement within the court’s jurisdiction.
Challenging this decision, Mander approached the sessions court, arguing that the trial court wrongly rejected the complaint on jurisdictional grounds.
Allegations Over Remarks Against ‘Miyas’
Mander’s complaint relates to a speech allegedly delivered by Sarma on January 27 in Digboi, Assam’s Tinsukia district, where the Chief Minister reportedly made remarks about Bengali-speaking Muslims, often referred to by the term “Miya.”
“Miya” is commonly used as a derogatory term for Bengali-speaking Muslims in Assam.
According to the complaint, Sarma allegedly said that “four to five lakh Miya voters” would be removed from electoral rolls during the state’s Special Intensive Revision (SIR) process.
The complaint further alleged that Sarma encouraged people to “trouble Miyas” and suggested they should be paid less so they would leave Assam.
Mander has sought action against Sarma under several provisions of the Bharatiya Nyaya Sanhita, including sections related to promoting enmity between communities, public mischief, hurting religious sentiments and statements prejudicial to national integration.
‘Zero FIR’ Argument Raised in Court
During the hearing, Mander’s lawyer argued that the lower court overlooked provisions under Section 173(1) of the BNSS, which allows a person to report a cognisable offence at any police station, regardless of where the incident took place.
The counsel referred to the Union Home Ministry’s guidelines on “Zero FIR” and online FIR registration, arguing that serious offences can be reported without territorial limitations.
After hearing the submissions, the court issued notices to Sarma and the Delhi Police and fixed July 15 as the next date of hearing.
The case comes amid continuing political debate over speeches targeting Bengali-speaking Muslims and electoral revision processes in Assam.
