Delhi Court Seeks Assam CM Himanta Biswa's Response On Harsh Mander's Plea Seeking FIR Over Alleged Hate Speech
A Delhi Court yesterday sought response of Assam Chief Minister Himanta Biswa Sarma on a plea filed by activist Harsh Mander seeking registration of FIR against him over alleged hate speech.
Additional Sessions Judge Sonu Agnihotri of Saket Courts also sought response of the Delhi Police while issuing notice on Mander's revision petition.
Mander has sought registration of FIR against the BJP leader under provisions of BNS relating to offences concerning promoting enmity, statements conducive to public mischief, and acts intended to outrage religious feelings.
The complaint refers to a series of public statements made by Sarma in which he urged people to “trouble Miyas” and claimed that four to five lakh “Miya” voters would be removed from electoral rolls during the Special Intensive Revision process.
The Judicial Magistrate First Class had on April 20 dismissed Mander's petition and refused to direct registration of an FIR, citing lack of territorial jurisdiction. It was also observed Mander failed to show any material on record proving that the alleged remarks caused enmity, disharmony or incitement within court's jurisdiction.
Yesterday, the counsel appearing for Mander argued that the trial court had wrongly dismissed the application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the ground that “nothing took place within jurisdiction of the Court.”
The counsel further submitted that Section 173(1) of BNSS permits information relating to commission of a cognizable offence to be given to a police station “irrespective of the area where the offence is committed,” relying on the concept of Zero FIR.
Reference was also made to the Standard Operating Procedure issued by the Union Ministry of Home Affairs regarding Zero FIR and E-FIR, which was placed on record along with the revision petition.
“In view of submissions made by Counsel for Petitioner, issue notice of revision petition to Respondents on filing of appropriate PF / Speed Post for 15.07.2026,” the Court said.