Agartala, 13th October 2026 : The Tripura High Court has dismissed a petition filed by former Chief Minister Manik Sarkar seeking the quashing of an FIR registered against him over an alleged provocative statement made during a political demonstration in Agartala on August 10, 2026. The court directed that the investigation proceed and advised Sarkar to refrain from making provocative or hate speeches in the future.
A division bench comprising Justice Dr T. Amarnath Goud and Justice Biswajit Palit delivered the judgment on October 13, following a hearing on October 7. The petition challenged West Agartala Police Station Case No. 2026 WAG 109, registered on August 16 under Sections 192, 353(1)(b) and 61(1) of the Bharatiya Nyaya Sanhita (BNS), 2023.
The case originated from a complaint lodged by Prabir Roy, who alleged that Sarkar made remarks during a political programme organised as part of a statewide “Jail Bharo” agitation against the policies of the BJP-led governments at the Centre and in Tripura. According to the complaint, Sarkar used the Bengali expression “Jongi Andoloner Pothe Jete Desh-Rajya”, which the complainant interpreted as a call for the country and the state to follow a militant or aggressive movement. The complaint alleged that the statement could incite violence and disturb public order.
Sarkar, through his counsel, argued that his words had been misinterpreted and taken out of context. His legal team maintained that the speech called for a broader democratic movement if the governments failed to address an 11-point charter of demands concerning workers, farmers, women, students and other sections of society. The petitioner also contended that he had urged demonstrators to cooperate peacefully with the police.
Opposing the petition, the State argued that the remarks had been delivered before a large and agitated gathering during the demonstration, when protesters had breached two security barricades while marching towards the office of the Sub-Divisional Magistrate in Sadar. The government maintained that the complete speech, its context and its potential impact required examination through a proper investigation.
The High Court observed that the words used by a senior political leader carry considerable influence and stressed that freedom of speech is not absolute. While acknowledging constitutional protection for political expression, the bench held that the allegations and disputed interpretation of the statement required further investigation. It also noted that the absence of an actual riot did not, by itself, rule out the applicability of Section 192 of the BNS.
The court declined to terminate the proceedings at the preliminary stage, observing that the investigation should be allowed to establish the relevant facts and circumstances. It held that the petition seeking to quash the FIR lacked merit and dismissed it.
However, the bench observed that Sarkar, considering his age and his position as a former Chief Minister, could approach the competent lower court with an appropriate bail application, which would be considered subject to conditions.
The court further directed Sarkar to refrain from making provocative or hate speeches and instead motivate the people of Tripura towards progress, peace, harmony and brotherhood.
The judgment was delivered by the division bench of the Tripura High Court comprising Justice Dr T. Amarnath Goud and Justice Biswajit Palit.
