New Delhi: A Delhi court sought responses from Assam Chief Minister Himanta Biswa Sarma and the Delhi Police over activist Harsh Mander’s revision petition that sought a first information report (FIR) against the head of state for allegedly spewing hate speeches against Bangladeshi-speaking Muslims.
Additional Sessions Judge Sonu Agnihotri issued a notice on Tuesday, May 26, on Mander’s plea challenging an earlier order that refused to direct the registration of an FIR.
According to the complaint, Sarma allegedly made statements that promoted enmity and public mischief, such as appealing to the public to “trouble Miyas,” pay them less and vowing to remove lakhs of Miya voters from the electoral rolls during the state’s Special Intensive Revision (SIR).
“Miya” is a derogatory term used to refer to Bengali-speaking Muslims.
Previously, the Judicial Magistrate First Class dismissed Mander’s plea under Section 175 (3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), observing that the Delhi court fell outside the territorial jurisdiction. There was no substantial evidence to show that the remarks stirred communal disharmony or incitement under the court’s jurisdiction.
During the review hearing, Mander’s lawyer argued that the trial court was wrong to dismiss the request based on location. The lawyer explained that under Section 173(1) of the BNSS, a person can report a serious crime at any police station, no matter where it happened, using the “Zero FIR” rule.
To support this argument, the petitioner presented the Union Home Ministry’s official guidelines on Zero FIRs and online FIRs to the court. After listening to these arguments, the court sent official notices to the other side and scheduled the next hearing for July 15.
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