The Supreme Court of India on Monday refused to entertain petitions seeking action against Himanta Biswa Sarma over a viral video that allegedly showed him aiming and firing a rifle at a photograph depicting members of a particular community.
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, asked the petitioners why they had not approached the Gauhati High Court first. The court cautioned litigants against “undermining” the authority of High Courts by directly moving the apex court.
“Why haven’t you gone to the Gauhati High Court? Don’t undermine its authority… We will ask parties to use restraint and remain within the boundaries of constitutional morality,” the bench observed, noting that such matters increasingly reach the Supreme Court, particularly ahead of elections.
The apex court also directed the Chief Justice of the Gauhati High Court to expedite the hearing if the petitioners file their pleas there.
Petitioners’ Arguments
Senior advocate Abhishek Singhvi, appearing for the petitioners, argued that the matter warranted the Supreme Court’s intervention, alleging repeated conduct by the Assam Chief Minister. However, the bench declined to entertain the plea at this stage.
Separate petitions have reportedly been filed by leaders associated with the Communist Party of India (CPI) and the Communist Party of India (Marxist), seeking registration of FIRs and calling for a Special Investigation Team (SIT), citing concerns about impartiality in any state-led probe.
What Is the Viral Video Row?
The controversy began after the official X handle of the BJP’s Assam unit posted a video on February 7 captioned “point blank shot.” The video allegedly showed Sarma firing a rifle at a photograph of two individuals wearing skull caps. It also featured text referring to “identity, land and roots” and remarks about Pakistan and Bangladesh.
The post drew sharp criticism from Opposition parties, including the Congress, which described it as inflammatory and deeply disturbing. Critics alleged that the content risked promoting communal polarisation. Following public outrage and political backlash, the post was deleted.
Court’s Observations
The Supreme Court observed that there is a growing trend of bringing politically sensitive matters directly before it, particularly in the run-up to elections. The bench stressed the importance of respecting judicial hierarchy and allowing High Courts to examine such cases in the first instance.
The matter is now expected to proceed before the Gauhati High Court if the petitioners choose to pursue it there.
