Gauhati High Court Issues Notice To Assam CM Himanta Sarma Over Hate Speech
Gauhati High Court issues notice to Assam CM Himanta Biswa Sarma over alleged Islamophobic remarks.
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The Gauhati High Court has issued a notice to Assam Chief Minister Himanta Biswa Sarma in response to several public interest litigations alleging that his public statements targeted Bengali-origin Muslims and constituted hate speech. The Division Bench, led by Chief Justice Ashutosh Kumar and Justice Arun Dev Chaudhury, directed notices to Sarma, the Assam government, and the Union government. The matter is scheduled for further hearing in April.
According to Maktoob Media, the petitions were filed by Assamese intellectual Hirendranath Gohain, former Assam Director General of Police Harekrishna Deka, journalist Paresh Malakar, and the Communist Party of India (Marxist). The Supreme Court had previously declined to entertain the plea, directing the petitioners to approach the Gauhati High Court instead.
As reported by Siasat, the High Court’s notice cited concerns that Sarma’s remarks displayed a “fissiparous tendency.” The court also issued notices to the Union Government and Assam’s Director General of Police, seeking their responses. The next hearing is set for April, with the Division Bench reviewing the matter after the Supreme Court’s referral.
Senior advocates Abhishek Manu Singhvi, Chander Uday Singh, and Meenakshi Arora, representing the petitioners, argued that Sarma’s statements since 2023 reflected a “habitual, consistent, repetitive pattern” of targeting a specific community. Legal submissions contended that these remarks violated the Chief Minister’s constitutional oath and infringed Articles 14 and 15 of the Constitution, as well as the Preamble and provisions under the Bharatiya Nyay Sanhita.
Among the statements cited were calls to “trouble miyas,” suggestions to underpay members of the community, and references to “flood jihad” in connection with a private university owned by a Bengali-origin Muslim. The petitioners also highlighted a now-deleted AI-generated video circulated on social media, allegedly showing Sarma aiming a rifle at men wearing skullcaps as coverage revealed.
“A chief minister is expected to represent all citizens irrespective of community identity,” senior advocate Chander Uday Singh stated during the proceedings, emphasizing the constitutional responsibility of the office.
Senior advocate Meenakshi Arora argued that individuals in constitutional positions must avoid statements that could provoke law-and-order disturbances or encourage supporters to act unlawfully. The Bench clarified that it would consider the responses of all parties before issuing substantive orders as details emerged.
During the hearing, the court orally observed that the statements presented appeared to reflect a “fissiparous tendency.” However, the Bench stated that it would await the respondents’ explanations before making any further determinations following arguments.
“My statements are always within the constitutional rights. If any case has been filed against me, arrest me. I don’t have any objection. I will be prepared to go to jail. I will always stick to my words,” Himanta Biswa Sarma was quoted as saying in response to the allegations.
The High Court has not issued notice to the Bharatiya Janata Party, which was named as a respondent in one of the petitions, stating it was not necessary at this stage. The matter remains pending, with the next hearing scheduled for April as proceedings continue.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.