Reported by Mrinal Kanti Banik
Agartala: The Tripura High Court on Tuesday dismissed a petition filed by former Chief Minister Manik Sarkar seeking to quash an FIR registered against him over an alleged provocative speech delivered at a political programme in Agartala on August 10.
A division bench comprising Justice T Amarnath Goud and Justice Biswajit Palit held that the allegations in the FIR prima facie indicated the commission of cognisable offences, warranting further investigation. The court said disputes over the translation and contextual interpretation of a Bengali expression attributed to Sarkar could not be conclusively examined at the writ petition stage.
The FIR was registered at West Agartala police station on August 16 following a complaint by Prabir Roy. The case invokes Sections 192, 353(1)(b) and 61(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.
According to the complainant, Sarkar had warned that the movement against the state and central governments would intensify if an 11-point charter of demands was not accepted. Roy alleged that a Bengali expression used by the former chief minister conveyed a call for a militant or aggressive movement, potentially inciting violence and disturbing public order.
Sarkar contested the allegations, arguing that his remarks had been mistranslated and taken out of context. His counsel submitted that the speech was delivered in connection with a nationwide protest organised by central trade unions, farmers’ organisations and other civil society groups against government policies.
The former chief minister maintained that he had supported the demands raised by the protesters and urged participants to cooperate peacefully with the police during their arrest. He also alleged that the FIR was politically motivated and that the remarks attributed to him did not amount to the offences cited in the case.
Opposing the petition, the state government argued that the speech was delivered before a large gathering amid a tense law-and-order situation. It informed the court that more than 5,000 participants had breached two security barricades while marching towards the Sub-Divisional Magistrate’s office in Sadar before police stopped them.
However, the state clarified that the barricade breach occurred before Sarkar addressed the gathering and was not attributed to his speech. It argued that the circumstances surrounding the address, along with its possible impact on the audience, required a detailed investigation.
The bench observed that the power to quash an FIR at the preliminary stage must be exercised sparingly. It said investigators needed to examine the speech in its entirety, considering its context, the audience’s response and available audio-visual recordings.
The court also noted that the absence of an actual riot did not, by itself, rule out the applicability of Section 192 of the BNS.
While dismissing the petition, the bench advised Sarkar to refrain from making provocative or hate speeches in the future and urged him to promote peace, harmony and brotherhood.
Taking note of Sarkar’s age and his tenure as chief minister, the court further observed that he could approach the lower court with an appropriate bail application, which would be considered subject to conditions.