On Monday, the Supreme Court refused to hear demands to take some action against Assam Chief Minister Himanta Biswa Sarma over a viral video that allegedly shows him taking aim and discharging a rifle to people of a specific group. A bench led by Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi ordered the petitioners to instead appeal to the Gauhati High Court noting that an issue must not circumvent the jurisdiction of the high courts.
The highest court was asking the petitioners why they had not approached the Gauhati High Court and its jurisdiction was to be undermined. Why have you not proceeded to the Gauhati High Court? Take not its mandate away… Parties will be requested to restrain themselves and keep in the confines of constitutional morality, but this is a growing trend right before the polls, the bench commented. The court also noted that high courts have already been stripped of the ability to dispose of some of the environmental and commercial litigations because a growing trend has been to pull the Supreme Court in cases in which the high courts ought to have jurisdiction.
The petitioners were represented by senior advocate Abhishek Singhvi who sought to have the Supreme Court look at the case and argued that Sarma was a habitual and repeat offender. The bench however denied hearing the plea and ordered the petitioners to go to the Gauhati High Court as well as ordered the Chief Justice of the Gauhati High Court to hasten the hearing of the issue.
The matter initially came into limelight on February 10, when the Supreme Court had consented to hear an appeal brought by leaders of the Left that they wanted the Assam Chief Minister to take action. The rise highlights the fact that the judiciary is adamant about procedure propriety and that high courts should not be circumvented because of politically sensitive issues.
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