HC Notices Issued To Assam CM Himanta Sarma, Union Govt On Petitions Against Hate Speeches Targeting Muslims

Guwahati: A division bench of the Gauhati High Court on Thursday issued notice to Assam chief minister Himanta Biswa Sarma for making hate speeches against the minority communities in the state.

A division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, while hearing a PIL petition and two connected cases seeking directions to restrain Assam chief minister from making hate speech, said, “Let notices be issued to the Union Of India, State of Assam, DGP and Assam chief minister Himanta Biswa Sarma". The court also issued notice on the prayer for interim relief.

When the petitioners urged for an ad-interim order restraining the chief minister from making statements, the court orally said, “At this stage, let notices be issued first. It will be a normal restraint while this petition is pending consideration. Notice for both the main prayers and ad-interim prayers. We will keep it after the Bihu holidays.”

The PIL filed by Assamese scholar Dr Hiren Gohain and two others sought directions to restrain the chief minister from making alleged hate speeches and inciting civilians to take the law into their own hands against minority communities.

Earlier this month, the Supreme Court had asked the petitioners who approached the apex court seeking action against the chief minister for alleged hate speech to approach the High Court.

The Court after hearing the petition at length also said that issuing notice to the Bharatiya Janata Party (BJP) was not necessary at this stage. The chief minister violated oaths of office, secularism and fraternity.

Appearing for one of the petitioners' senior Advocate Abhishek Manu Singhvi said, "Just see the consistency, continuity, and habitual nature of this person's action. He is violating the oath of his office and every known canon of Article 14, 15, the words of preamble, Secularism and fraternity and provisions of BNS".

Referring to the chief minister’s statements and videos on the alleged speech, Advocate Singhvi argued, “When someone takes the oath of a public office, especially the chief minister of the state, such instances are unacceptable. A repetitive pattern could be seen".

Mr Singhvi referred to an alleged remark by Mr Sarma made in 2023 in Chhattisgarh, arguing that the chief minister's comments on "love jihad" and "unlawful religious conversion" had "pan-India implication.”

Advocate Singhvi also argued, "The chief minister invoked Mahatma Gandhi's policy of civil disobedience and non-cooperation while targeting a specific community in the state. I believe Mahatma Gandhi would turn in his grave if he heard this interpretation. We can't forget that he has taken the oath of office. I am closing by saying that an FIR must be registered, such speeches must be stopped, and genuine action must be taken against the chief minister.”

Appearing for Assam scholar Dr Hiren Gohain, senior Advocate CU Singh submitted that a letter was written to the High Court's Chief Justice regarding this case. To this the Chief Justice orally said, "Yes, I read the letter and commented that the petitioners may approach the appropriate authority". Advocate Singh said, "I want to join Advocate Singhvi in stating that these petitioners have approached the Gauhati High Court with great anguish, as they feel that the chief minister represents each citizen of the state, even the last person in the state...This is a demeaning situation for the state. The remarks denigrate everybody. Right from 2023, the chief minister has been making remarks against the 'Miya-Muslims'. On Feb 8, 2024, he addressed the state assembly on 'Mission Basundhara' wherein he said that those who were forcibly converted to Islam during the Mughal period can get the status of indigenous persons if they return to their 'original identity'".

Submitting that "the Bangladesh issue is used as a dog whistle" advocate Singh said that grievances in the minds of people of Assam were concerning ethnic and linguistic issued but it was never a religious grievance. He thereafter said that the chief minister had made such remarks with regard to a welfare scheme. Advocate Singh further submitted that in August 2024, the chief minister blamed a private university in Meghalaya for the massive flooding in Guwahati and is stated to have termed it---flood jihad.

Advocate Singh further argued, "He called the University's 3-domed gates "Mecca-like" and blamed such institutions for destroying the education system".

Advocate Singh said that the chief minister had also made a public statement that he would take sides, and won't let 'Miya' Muslims take over Assam.