Delhi Court Seeks Himanta Biswa Sarma’s Reply On Harsh Mander’s Plea Seeking FIR Over Alleged Hate Speech

Additional Sessions Judge (ASJ) Sonu Agnihotri of the Saket Courts issued notice on Mander’s revision petition challenging a magistrate court order which had earlier refused to direct registration of an FIR.

The matter has now been listed for hearing on July 15.

Mander’s complaint relates to a speech allegedly delivered by Sarma on January 27 at Digboi in Assam’s Tinsukia district, where the Chief Minister purportedly stated that “four to five lakh Miya voters” would be removed from electoral rolls during the Special Intensive Revision (SIR) exercise.

According to the plea, Sarma also allegedly urged people to “trouble Miyas” and stated that “only if they face troubles will they leave Assam,” while further claiming that authorities were ensuring they could not vote in the state. The complaint sought registration of an FIR under provisions of the Bharatiya Nyaya Sanhita (BNS) relating to promoting enmity between groups, prejudicial assertions affecting national integration, statements conducive to public mischief, and deliberate acts intended to outrage religious feelings.

Judicial Magistrate First Class Bhanu Pratap Singh on April 20 had dismissed the plea earlier, holding that the alleged statements were made outside the court’s territorial jurisdiction. The magistrate had also observed that no material had been placed on record to demonstrate that the remarks caused disharmony or incitement within the jurisdiction of the Delhi court.

Challenging the order before the sessions court, Mander argued that Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita permits information regarding a cognizable offence to be furnished to any police station irrespective of where the offence occurred, invoking the concept of “Zero FIR”.

Yesterday, Mander's counsel also relied upon the Ministry of Home Affairs’ Standard Operating Procedure on Zero FIR and E-FIR, contending that the trial court had erred in rejecting the plea solely on territorial jurisdiction grounds.

After hearing preliminary submissions, the sessions court issued notice to Sarma and the Delhi Police seeking their response in the matter. "Counsel for Petitioner further drew my attention to Standard Operating Procedure (SOP) for Zero FIR and E-FIR issued by Ministry of Home Affairs filed by Petitioner on record with 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," the Court said in its order.