Point of Law: Where allegations in F.I.R. and other materials, if any accompanying in F.I.R., do not disclose a cognizable offence except under an order of Magistrate within purview of Section 155(2) Cr.P.C. may also be quashed.

JUDGMENT :

1. Heard Mr. D. Saikia, learned Advocate General, Assam and Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the petitioners. Also heard Mr. S. Nawaz, learned counsel for the respondent No.1/informant/ complainant and Ms. Padmini Baruah, learned counsel appearing for the proforma respondent No.2. Perused the scanned copy of the record of C.R. Case No.1598C/2022.

2. By this petition under Section 482 read with Section 397 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), the petitioners have prayed for setting aside and quashing the impugned order, dated 05.03.2022, passed by the learned S.D.J.M. (S)- I, Kamrup (M), Guwahati in C.R. Case No.1598C/2022, whereby the Officer-in-Charge of Dispur Police Station has been directed to register a case on the allegations mentioned in the complaint and to investigate the matter fairly as well as to submit the Final Form at the earliest.

3. The brief facts of the case are that on 29.12.2021, the complainant/respondent No.1, namely Abdul Khaleque, a Member of Parliament, lodged a First Information Report (for short ‘F.I.R.’) which reads as under-

“To,

The Officer-in-Charge,

Dispur Police Station,

Guwahati- 781006

Date- 29th day of December, 2021, Guwahati

Subject: First Information Report.

With due respect, I would like to bring to your attention that on 10th December 2021 at Marigaon, Sri Himanta Biswa Sarma, the Hon'ble Chief Minister of Assam, stated that the eviction exercise at Gorukhuti was a ‘revenge’ for the incidents of 1983.

Betraying his oath on the Constitution, the Hon'ble Chief Minister Dr. Sarma has maliciously given a communal colour to what was supposed to be an executive exercise. The Gorukhuti eviction saw the brutal killings of Moinul Hoque and Sheikh Farid. Houses of the residents of Gorukhuti were burnt to the ground By calling such horrendous acts as revenge, Sri Himanta Biswa Sarma has not only justified the killings and arson committed there, the legality of which is sub-judice before the Hon'ble Gauhati High Court, but he has gone far ahead and has communalized the whole exercise the target of which was the Muslim population living there.

The rampant human rights violations at Gorukhuti were preceded by multiple utterances of the Hon'ble Chief Minister targeted towards the particular community. The hate created by the Hon'ble Chief Minister's constant denigration of the Muslim community manifested itself in the egregious acts of a civilian -a government hired photographer- who stomped on Moinul Hoque's body while he was on his last breath, having been gunned down by the police.

And by calling the unfortunate events at Gorkhuti an act of 'revenge' for 1983, the Hon'ble Chief Minister is giving wanton provocation to people to commit further acts of rioting against the particular community of the state.

Through such malignant and provocative utterances, the Hon'ble Chief Minister is intending to cause disharmony or feelings of enmity, hatred or ill-will towards the Muslim population of Assam.

The instances of religious enmity in India are numerous and with every passing day, the incidents of communal flare ups are on the rise. The Chief Minister of a state has the constitutional obligation to protect its citizens irrespective of caste, creed or religion. Instead of doing so and preserving the social fabric of our beloved state, the Hon'ble Chief Minister is aggravating the situation through his vindictive hate mongering.

The Hon'ble Chief Minister of Assam, Sri Himanta Biswa Sarma has clearly committed offences under Sections 153, 153-A of the Indian Penal Code.

I would like to add here that the statement in question was made publicly and has been widely circulated throughout the state including in areas within the jurisdiction of your good office. As such, I request you to register an FIR under Sections 153, 153-A of the Indian Penal Code and any other appropriate sections, investigate the matter and submit police report against Sri Himanta Biswa