'Why Haven’t You Gone To Gauhati High Court?': SC Declines Pleas Against Assam CM Himanta Biswa Sarma

'Why Haven’t You Gone To Gauhati High Court?': SC Declines Pleas Against Assam CM Himanta Biswa Sarma

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The Supreme Court on Monday declined to hear petitions filed against Assam Chief Minister Himanta Biswa Sarma over a controversial viral video, directing the petitioners to approach the Gauhati High Court instead. The bench cautioned litigants against bypassing constitutional forums and said the authority of high courts must not be undermined.

A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi questioned why the petitioners had not first moved the high court. “Why haven’t you gone to the Gauhati High Court? Don’t undermine its authority,” the bench remarked, adding that it would request the Chief Justice of the Gauhati High Court to ensure the matter is taken up expeditiously. The court further observed, “This is becoming a disturbing trend where everything ends up here,” noting that high courts are increasingly being sidelined in important matters.

The petitions relate to a video clip circulated on social media allegedly showing Sarma aiming and firing a rifle in the presence of individuals said to belong to a particular community. The footage, which was widely shared online, triggered political controversy in the state ahead of upcoming elections.

Appearing for the petitioners, senior advocate Abhishek Singhvi argued that the case involved violations of fundamental rights under Articles 14, 15 and 21 of the Constitution and sought the formation of a Special Investigation Team. He described the issue as serious enough for the apex court to exercise its powers under Article 32, alleging that the Chief Minister was a “habitual and repeated” offender.

The bench, however, cautioned against what it termed “convenience forum shopping,” pointing out that Article 226 empowers citizens to seek remedies before the jurisdictional high court. “When we speak of access to justice, Article 226 provides that mechanism. If you do not succeed there, you can always come here,” the court said. It also rejected suggestions to transfer the case to another high court, observing that the Supreme Court cannot become a forum for every politically sensitive dispute.

The video was originally shared by the Assam unit of the Bharatiya Janata Party on social media platform X before being deleted following backlash. Opposition leaders accused the Chief Minister of attempting to polarise voters in the run-up to the Assembly elections, while the controversy continues to fuel political debate in Assam.

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