Plea For FIR Against Himanta Biswa Sarma : Live Updates From Supreme Court

BREAKING| Supreme Court Asks Petitioners Seeking Hate Speech FIR Against Assam CM To Approach High Court, Requests HC To Expedite Hearing

CJI: We can't comment as we have taken the view that this should go to HC. Have some system which is in built, let's respect the system that constitutional framework provides.

Hearing over.

CJI: That's why we get more disturbed when they say we don't want to trust HC

Singh: there are specific instances in Chhattisgarh and Jharkhand where same CM has made similar hate speeches. Though bulk of statements in Assam, there are actual instances...

CJI: We are confident HCs can find mechanism.

CJI: Why HCs are everyday directing CBI? Because there they don't trust state police. HCs know what mechanism is to be adopted. Otherwise will it not become unmanageable? Sensitive issues may emerge in 15 states...and every case SC should ...

Pasha: This is constitutional head of a state...the seriousness

CJI; We can only request HC to entertain petition with prioritized sense

Sr Adv CU Singh: a letter was written to CJ of HC, requesting suo motu cognizance. It's not that we did not approach HC

CJI: Suo motu different from filing petition. Some persons (petitioners) are eminent personalities.

CJI: We can't leave litigant remediless. We are only objecting to this shortcut...Why SC should become a playground for...respect your HCs...we will ask HC to give urgent hearing...have faith in the system...that system starts...we must not undermine any jurisdiction

Adv Nizam Pasha: Once it is posted on internet, it becomes jurisdiction neutral...this court said contempt would be made out if FIRs are not registered

CJI: You have not gone to HC. No contempt before us

Pasha: No FIR registered in any state despite complaints. Multiple petitions will have to be filed in HCs. Enquiry may have to be by officers from outside Assam.

Singhvi: In 17 cases, your lordships have entertained Art. 32. If SC does not entertain this, then what will it?

CJI: Please go to HC. What is the constitutional scheme...? Art. 226 is wrt access to justice. We know value of Art. 226.

Singhvi: There is discretion in Art.32. Ar 32 and 226 concurrent. Oath holder saying all this - every day.

CJI: You are accusing someone in that state. You are also possibly in that state. Convenience...

Singhvi: He has spoke this in Assam, Jharkhand and Chhattisgarh!

CJI: Demoralizing to HC! I outrightly reject it! What kind of consequence will there be? Go seek enquiry. If these allegations are not denied, nature of directions would be different. If you don't get relief in Art 226, come to us

Singhvi: This is pan- India

CJI: Entire country's litigation should land up in SC? Art. 226 only power remaining with HCs, thanks to basic structure.

Singhvi: A constitutional post holder sworn to oath

CJI: No ground to not go to HC...We have to deal with our own arrears. Entire effort is to demoralize HC. There's very calculated move to undermine HC

Singhvi: Here's a person demoralizing constitutional ethos of the country. No FIR registered

CJI: Same relief - can it not be granted by hC? It can grant more than that!

Singhvi: where will I file FIR? Send me to another HC, other than Assam.

Singhvi: HE IS A HABITUAL OFFENDER

CJI: Raise all these arguments before HC

Singhvi: SC - this would be an ideal case to exercise constitutional duty...your lordships entertained Vinod Dua, Arnab Goswami

CJI: These are cases where penal action was being taken...here you are wanting action against xyz...if HC comes to conclusion that human right is violated...last couple of months, please don't undermine HCs. This is a disturbing trend that every matter ends up here! We have already deprived HCs in environmental litigation, commercial litigation...you don't allow those judges to learn

Singhvi: There is no one size fits all. If the principle is your lordships can never intervene. Mr Mehta said person who loaded has been punished. These people are not even actioned.

Hearing in cases against Assam CM #HimantaBiswaSarma begins

Singhvi: This will affect fundamentals of constitutional pillars - including oath, art 14, 15

CJI: That can't be by HC?

Singhvi: If this matter can't come to Supreme Court, then what would be the [...] of Art 32...I am seeking SIT. I am handing list of 17 cases where this court has...

CJI: Members can be from outside Assam. We appeal to parties that self and mutual respect, a sense of restraint...should be within constitutional...this is emerging trend that whenever elections in a state come, this court becomes a political background.