Tripura High Court dismisses former Chief Minister Manik Sarkar’s plea to quash an FIR over an alleged provocative speech in Agartala. The court orders further investigation, rejects arguments over translation at this stage, and urges Sarkar to promote peace and harmony.
The Tripura High Court on Tuesday dismissed a petition filed by former Chief Minister Manik Sarkar seeking to quash a First Information Report (FIR) registered against him over an alleged provocative speech delivered at a political programme in Agartala on August 10. The court held that the allegations disclosed prima facie ingredients of cognisable offences and that further investigation was warranted.
A division bench comprising Justice T. Amarnath Goud and Justice Biswajit Palit observed that disputed questions concerning the translation and contextual meaning of a Bengali expression attributed to Sarkar could not be conclusively determined during writ proceedings at this stage.
The FIR was registered at West Agartala police station on August 16 following a complaint filed by Prabir Roy. The case was registered under Sections 192, 353(1)(b) and 61(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.
According to the complaint, Sarkar allegedly stated during the political programme that the movement against the state and central governments would take a more serious form if an 11-point charter of demands was not accepted. The complainant alleged that a Bengali expression attributed to the former chief minister suggested that the country and the state would have to follow the path of a militant or aggressive movement.
The complaint further claimed that the alleged statement could incite violence and disturb public order. However, these allegations remain subject to investigation.
Sarkar challenged the FIR, arguing that his words had been mistranslated and taken out of context. His counsel submitted that the speech was delivered in connection with a nationwide protest called 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 participating organisations and urged protesters to cooperate peacefully with the police during their arrest. He also argued that the FIR was politically motivated and that the words attributed to him did not satisfy the legal requirements of the offences invoked.
Opposing the petition, the state government argued that the speech had been delivered before a large gathering amid a tense law-and-order situation. According to the state’s submission, more than 5,000 participants had breached two security barricades while marching towards the office of the Sub-Divisional Magistrate in Sadar before police stopped their progress.
The state clarified that the barricade breach had occurred before Sarkar’s speech and was not attributed to his subsequent address. However, it maintained that the circumstances surrounding the programme and the potential impact of the alleged statement on the gathering required detailed investigation.
After considering the submissions, the division bench observed that the power to quash an FIR at the initial stage must be exercised sparingly. It said the investigating agency should examine the speech in its entirety, including the context in which the words were spoken, the audience’s reaction and available audio-visual recordings.
The court also observed that the absence of an actual riot did not, by itself, exclude the possible applicability of Section 192 of the BNS. The question of whether the alleged speech attracted the relevant criminal provisions would therefore require examination in accordance with the law.
Dismissing Sarkar’s petition, the High Court directed the former chief minister to refrain from making provocative or hate speeches in the future. It urged him to promote peace, harmony and brotherhood instead.
The bench also took note of Sarkar’s age and his tenure as chief minister while observing that he could approach the lower court with an appropriate bail application. Any such application, the court indicated, would be considered subject to applicable conditions.
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The dismissal of the petition means the FIR has not been quashed at this stage, allowing the investigation to proceed. The court’s order does not, by itself, establish Sarkar’s guilt; the allegations will have to be examined through the legal process.
The case has brought renewed attention to the legal assessment of political speeches, the interpretation of statements made during public protests and the balance between political expression and the maintenance of public order. Further proceedings will determine how the allegations are addressed under the relevant provisions of the Bharatiya Nyaya Sanhita.
