New Delhi: Supreme Court The Communist Party of India (CPI), Communist Party of Malaya (CPM) and “prominent personalities” on Monday dissuaded Assam Chief Minister Himanta Biswa Sarma from registering an FIR and SIT over alleged hate speech and “target shooting” videos against Muslims, but were refused. “What stops you from seeking the same relief from the High Court (Guwahati), which has wider powers under Article 226 as compared to the powers of the SC under Article 32? We cannot dilute the HC,” the SC said.CJI Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi said: “Hastily referring issues to the Supreme Court which the high courts can effectively deal with will not only marginalize the Constitutional Court but also hamper the functioning of the Supreme Court.”The CJI-led bench said: “Unfortunately, whenever an election comes, there is a trend of flocking to the SC, effectively making it a platform for political battles. Is it because political litigation before the SC elections gets all-India attention? Why should the SC become a playground for political litigation for propaganda purposes?”The bench disposed of the petition against CM Himanta Biswa Sarma and asked the apex committee to grant a speedy hearing if they choose to file the petition there. All political parties and their staff are called upon to respect each other and maintain restraint, decency and constitutional morality in their speeches.Senior advocate A M Singhvi, appearing for the petitioners, went to great lengths to say that this was an appropriate case to be heard by the Supreme Court as it reflected abuse of constitutional position, oath of office and hatred towards the community by the holders of constitutional posts and the Gauhati Supreme Commission may not be the right forum to seek redressal of constitutional grievances against the CM.The CJI said, “The SC has become a convenient forum as eminent advocates are in Delhi. There are eminent advocates in the HC as well. The entire effort seems aimed at bypassing the HC. Why can’t the HC adjudicate the petitions and pass appropriate orders? We cannot make the HC redundant. I will not allow this.”Singhvi said the situation would be better if the SC asked the petitioners to transfer the HC to a state outside Assam. The CJI objected to the plea and said: “This is yet another attempt to sabotage the Gauhati HC… You can seek help from Gauhati HC and if you are still unhappy with its decision, then you can approach SC.”
