Delhi Court Issues Notice to Assam CM Himanta Biswa Sarma on Harsh Mander’s Plea Seeking FIR Over Alleged Hate Speech

May 28, 2026 : A Delhi court has issued notice to Assam Chief Minister Himanta Biswa Sarma and the Delhi Police on a revision petition filed by activist Harsh Mander seeking registration of an FIR over alleged hate speech remarks.

Additional Sessions Judge Sonu Agnihotri of the Saket Courts directed the respondents to file their replies on the petition and posted the matter for further hearing on July 15.

The proceedings stem from a Magistrate court order dismissing Mander’s application seeking directions for registration of an FIR against Sarma. Challenging the rejection, Mander approached the sessions court.

According to the complaint filed before the Saket Court, Sarma allegedly made inflammatory and communally divisive remarks during a speech delivered on January 27 in Digboi, located in Assam’s Tinsukia district. The complaint alleged that the Assam Chief Minister stated that four to five lakh Miya voters would be removed from the electoral rolls during the Special Intensive Revision (SIR) process in the State.

Mander further alleged that Sarma made remarks encouraging people to trouble members of the Miya community and indicated that efforts were being made to prevent them from voting in Assam. The activist argued that the statements amounted to hate speech and were capable of promoting communal disharmony and hostility.

The complaint sought registration of an FIR under several provisions of the Bharatiya Nyaya Sanhita, including Section 196 relating to promoting enmity between groups, Section 197 concerning imputations prejudicial to national integration, Sections 299 and 302 dealing with deliberate acts intended to outrage religious feelings, and Section 353 pertaining to statements conducive to public mischief.

Earlier, Judicial Magistrate First Class Bhanu Pratap Singh had rejected the plea, observing that the alleged statements were made outside the territorial jurisdiction of the Delhi court. The magistrate also held that no material had been placed on record to show that the alleged remarks caused enmity, incitement, or disharmony within Delhi.

Before the sessions court, Mander argued that under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, information relating to a cognisable offence could be furnished before any police station irrespective of where the offence took place. The plea also relied on the legal framework governing Zero FIR and electronic FIR registration.

Counsel appearing for Mander additionally referred to the Standard Operating Procedure issued by the Ministry of Home Affairs on registration of Zero FIRs and E-FIRs, contending that the magistrate had adopted an unduly restrictive interpretation while dismissing the complaint.