‘Court Becomes A Political Battleground…’, SC Declines To Hear Pleas Against Assam CM Over Rifle Video
The controversial video clip was originally shared by Assam BJP on February 7.
By Sumit Saxena
Published : February 16, 2026 at 1:19 PM IST
New Delhi: The Supreme Court on Monday declined to entertain pleas seeking action against Assam Chief Minister Himanta Biswa Sarma in connection with a viral video allegedly showing him taking aim and firing with a rifle at members of a particular community. The apex court said all the issues raised by the petitioners can be examined by the jurisdictional high court.
The apex court stressed that it will earnestly appeal to the political parties that mutual respect, a sense of restraint, and whatever they want to express their opinion, should be within the constitutional morality.
The matter came up before a bench led by Chief Justice Surya Kant and comprising justices Joymalya Bagchi and Vipul M Pancholi. The bench relegated the petitioners to approach the high court and asked the Chief Justice of the high court to provide expedited hearing.
During the hearing, at the outset, the CJI asked senior advocate A M Singhvi, representing some petitioners, "What prevents you from going to the high court unless the high court has also become a political battle ground". Singhvi said the matter affects the fundamentals of constitutional pillars, oath, Article 14, 15, 21, and everything which can go to the high court can also come to the apex court.
Singhvi said his clients are seeking the constitution of a Special Investigation Team (SIT) in Assam. The CJI said the high court can take people from outside for the purpose of SIT. “This is asking for the number one person in Assam, and therefore there is a certain distance from Assam, which is necessary. It is an appropriate case for Article 32…”, said Singhvi.
The CJI said, “Dr Singhvi, the problem is unfortunately whenever there are elections…” and added, “first of all, we will earnestly appeal to the political parties that mutual respect, a sense of restrain, and whatever you want to express your opinion should be within the constitutional morality, whatever the law of the land. We expect them to do it. But this is also a new emerging trend that whenever an election A state, B state comes, this court becomes a political battleground…”, said the CJI.
Singhvi said the Assam CM is a habitual, consistent, and continuous offender. The CJI asked Singhvi to raise these all arguments before the high court, and added, “Instead of fundamental right, human right is violated, the high court can still take the remedial action”.
“This is not the first case. Please do not undermine the constitutional courts. This is an absolutely disturbing trend that every matter lands up in the Supreme Court”, said the CJI.
The bench observed that the high court has been deprived in commercial litigation and environment litigation. “Generally, we are pointing it out. A judge who has a tenure of 10, 15, or 17 years in high court. You do not allow them to learn environmental law or commercial law…”, observed the CJI. Singhvi said there is no one size fits all. The CJI asked Singhvi to first move before the high court then come to the apex court.
The bench observed that it has to deal with its own arrears and the entire effort is to demoralise the high court and a very calculated move to undermine high courts.
The bench said it is objecting to the short-cut method, only because the Supreme Court matter will come in the social media, and added, “respect the high court, have faith in the system…”.
Singhvi submitted that the petitioners be allowed to approach a high court other than the Assam High Court. The CJI, who apparently seemed displeased with this submission, said, “this is a very unfortunate submission, I outrightly reject this."
The bench said it cannot let the high courts be demoralised and it is nothing but forum shopping because some litigants can afford to directly move before the apex court.
Senior advocate C U Singh and advocate Nizam Pasha also appeared for the petitioners before the bench.
After hearing detailed submissions, the bench, in its order, said “All these issues can be effectively adjudicated by the jurisdictional high court. We see no reason to entertain this here, and thus we relegate the petitioners to the jurisdictional high court. We request the high court chief justice to expeditious hearing”.
The apex court was hearing a batch of pleas against the Assam CM regarding remarks against a particular community.
Case Background
The plea, filed by Communist Party of India (Marxist), said the petitioner seeks immediate intervention of the apex court to take cognisance of a sustained pattern of hate speeches delivered by respondent Himanta Biswa Sarma, who presently holds the constitutional office of the Chief Minister of the state of Assam.
The plea stressed that speeches target, terrorise, and instigate hostility and overt violence against the Muslim community residing in Assam.
The plea said Sarma has, on numerous occasions, delivered public speeches and made statements—both within and beyond the territorial limits of the state—which have been widely disseminated across print, electronic, and digital media platforms.
“These statements, viewed cumulatively, constitute ex facie hate speech in as much as they degrade and demean a minority, propagate false and stigmatising stereotypes, incite social and economic boycott, and encourage conditions of exclusion and violence against the said community”, said the plea.
“Most recently—and in perhaps the most blatant and disturbing manifestation of the impugned pattern complained of in the present petition—there has circulated in the public domain a video, posted on February 7, 2026, from the official X handle of the Assam BJP and thereafter widely disseminated, depicting Sarma discharging a firearm toward an animated image of two visibly Muslim men positioned within the crosshairs of the weapon, following which their photograph is shown as being struck by successive gunshots”, said the plea.
Attaching the screenshots, the plea added the video is accompanied by, and in parts overlaid with, textual phrases such as “point blank shot” and “no mercy”.
The plea said when viewed in its surrounding factual and political context, the cumulative symbolic and visual rhetoric embodied in the said material serves to reinforce and amplify a climate of hostility, exclusion, and intimidation directed against the minority community.
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