Supreme Court to hear petition against Assam CM over hate speech claims
Guwahati: A fresh writ petition has been filed in the Supreme Court under Article 32 of the Constitution, seeking urgent intervention against Assam Chief Minister Himanta Biswa Sarma over a series of alleged speeches inciting enmity against a minority community in the state.
The petitioners include public intellectual Hiren Gohain, former Assam DGP Harekrishna Deka, Editor-in-Chief of Northeast Now Assamese Paresh Chandra Malakar and senior advocate Santanu Borthakur. They allege that the Chief Minister repeatedly made statements that promote discrimination, social and economic boycott, and violence against Bengali-origin Muslims in Assam.
Senior advocate Rupali Samuel mentioned the matter before Chief Justice of India Surya Kant, requesting that the petition be listed urgently along with an earlier petition on the same issue. The CJI agreed to list both matters. An earlier petition filed by CPI(M) and CPI seeks FIR registration and a court-monitored SIT investigation into Sarma’s alleged hate speech.
According to the plea, Sarma, through public speeches, press interactions, and social media posts, promoted hostility on the grounds of religion, language, place of birth, and residence. The petition cites statements in which he allegedly used terms such as “Miya” and “Bangladeshi” as derogatory references to Bengali-origin Muslims, and called for social and economic boycott of the community.
The petition refers to statements made on January 25 and 27, 2026, regarding the summary revision of electoral rolls in Assam, where Sarma allegedly suggested that notices under the revision exercise were being served selectively and that “Miya votes” should be curtailed. The plea further claims that he admitted to directing party workers to file complaints against members of the minority community to cause harassment.
Another instance highlighted in the petition refers to a video posted on the X handle of the Assam BJP unit on February 7, 2026. The video reportedly shows Sarma holding a gun and using the phrase “point blank shoot,” in a context said to target members of the minority community.
The petitioners contend that despite these statements, which prima facie disclose offences relating to promotion of enmity and incitement to violence, no suo motu FIR has been registered. They argue that inaction by law enforcement, particularly when the alleged offender holds the highest executive office in the state, fosters impunity and intimidates victims and witnesses.
The plea cites Supreme Court precedents, including Tehseen S. Poonawalla v. Union of India (2018) and Shaheen Abdulla v. Union of India, noting that once speech crosses into hate speech, the state is duty-bound to register FIRs even without a formal complaint.
The petition seeks an immediate cessation of such speech by the Chief Minister and his associates. Reliefs sought include the initiation of an investigation by a Special Investigation Team or, alternatively, the constitution of a commission chaired by a former Supreme Court judge to monitor the inquiry and recommend further legal remedies.
The petitioners stressed that urgent intervention by the Supreme Court is necessary to prevent escalation of communal tensions and to safeguard constitutional guarantees of equality, non-discrimination, dignity, and life under Articles 14, 15, 19, and 21.
The petition was filed through Advocate-on-Record Yash Vijay.