The Tripura High Court has refused to quash an FIR registered against former Chief Minister Manik Sarkar over an allegedly provocative political speech, observing that the allegations require further investigation.

The Court held that investigation was necessary to determine whether the alleged remarks attracted offences under Sections 192, 353(1)(b) and 61(1) of the Bharatiya Nyaya Sanhita, 2023

A Division Bench of Justice T. Amarnath Goud and Justice Biswajit Palit stated that: “Considering the overall discussion and the based upon the principle laid down by the Hon'ble Apex Court. This Court is of the considered view that the present quash petition fails to get the FIR quashed and the petition is liable to be dismissed. A discreet investigation is required to be done.”

Background:

The case arose from an FIR registered at West Agartala Police Station on August 16, 2026, against former Tripura Chief Minister Manik Sarkar under Sections 192, 353(1)(b) and 61(1) of the Bharatiya Nyaya Sanhita, 2023.

The FIR was based on a complaint alleging that Sarkar made a provocative statement during a political programme in Agartala on August 10, 2026, calling for the country and the State to take the path of a “militant/aggressive movement.” Sarkar approached the Tripura High Court under Article 226 of the Constitution, contending that his remarks had been misinterpreted and that the FIR was politically motivated and did not disclose the ingredients of the alleged offences.

The Tripura High Court held that the FIR could not be quashed at the initial stage, as the allegations prima facie disclosed cognizable offences requiring investigation. It observed that the meaning and context of Sarkar's alleged remarks, made before a large gathering amid a tense law-and order situation, required examination through evidence and witness statements.

The Court further held that the absence of an actual riot did not, by itself, rule out the applicability of Section 192 BNS, which also covers wanton provocation where rioting does not occur. Emphasising that freedom of speech under Article 19(1)(a) is subject to reasonable restrictions under Article 19(2), the Court dismissed the petition seeking quashing of the FIR and directed Sarkar to refrain from making provocative or hate speeches in the future.

Date of Decision: 13.10.2026