A Delhi court issued notice to Assam Chief Minister Himanta Biswa Sarma and the Delhi Police after activist Harsh Mander sought registration of an FIR against Sarma for inflammatory hate speech and remarks about “miya” voters in January.
A Delhi court issued notice to Assam Chief Minister Himanta Biswa Sarma and the Delhi Police in a plea filed by activist Harsh Mander, who is seeking registration of an FIR against Sarma for alleged inflammatory hate speech and remarks about “miya” voters made in January this year.
The case is being heard by Additional Sessions Judge Sonu Agnihotri, who is processing Mander’s revision petition challenging an earlier order that had dismissed Mander’s request to register an FIR against the Assam CM.
In its May 26 order, the court said,
“Counsel for Petitioner further drew my attention to the Standard Operating Procedure (SOP) for Zero FIR and E-FIR issued by the Ministry of Home Affairs, filed by Petitioner on record 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.”
Earlier, on April 20, 2026, the trial court dismissed Mander’s application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It said the alleged offence did not create enmity or disharmony within the jurisdiction of the Delhi court.
In April, Mander, a Delhi-based social activist, moved the court seeking an FIR against Sarma over a statement he claimed Sarma made on January 27, 2026, during an event in Digboi in Tinsukia district, Assam. Mander alleged that Sarma had said “four to five lakh Miya voters” would be removed from the electoral rolls during the state’s special intensive revision (SIR) process.
The petition further alleged that Sarma incited people against “miyas” (described as Bengali-origin Muslims in Assam) by stating ‘‘only if they face troubles will they leave Assam” and that ‘‘we are ensuring that they cannot vote in Assam”.
The Saket court noted that there was no material on record to show that the statements attributed to Sarma had caused enmity or disharmony among any group within the Delhi court’s jurisdiction.
It also observed that there was no material indicating insult to the religious beliefs of any citizen within its jurisdiction, nor any intent to provoke any community to commit offences against another.
As a result, the court held that offences under sections 196 (hate speech), 197 (remarks that threaten national integration, promote discord), 299 (deliberate and malicious acts intended to outrage religious feelings), 302 (words, sounds, gestures with deliberate intent to insult or hurt religious beliefs), and 353 (creation, publication or circulation of false statements or reports to induce public mischief) of the Bharatiya Nyaya Sanhita (BNS) were not made out within its jurisdiction. Accordingly, on April 20, 2026, it dismissed Mander’s petition.
In February, the Supreme Court reportedly expressed concern over petitioners approaching it directly for action against Assam Chief Minister Himanta Biswa Sarma over alleged hate speech without first approaching the relevant high court. It cautioned that the Supreme Court risks turning into a political platform whenever elections are near.