'Hate Speech' PILs | Selective Parts From Interviews Can Distort True Meaning: Assam CM Tells Gauhati HC, Seeks Full Transcripts
Sparsh Upadhyay
28 May 2026 7:49 PM IST
Responding to the Public Interest Litigation (PIL) pleas seeking action against his alleged hate speeches directed at minority communities, Assam CM Dr Himanta Biswa Sarma has submitted before the Gauhati High Court that the accusations are based on photocopies of news clippings that extract isolated lines capable of distorting his true intent.
In his affidavit, Chief Minister Sarma has raised serious doubts regarding the genuineness of the materials relied upon by the petitioners.
He has also stated that extracting selective portions or isolated lines from an interview can distort the true meaning and purport of the statements and may create an impression wholly different from what was intended or conveyed.
Adding that he is not in a position to effectively controvert the pleas averments without perusing the originals, CM Sarma has prayed before the Court to direct the petitioners to produce the original, full and unedited transcripts or recordings of the alleged interviews and statements so as to enable him to furnish an effective and meaningful reply.
He further alleged that reporters and authors of the news pieces have added their own comments, interpretations and editorial observations while selectively quoting him, apparently with the intent and effect of maligning his reputation.
Furthermore, CM Sarma has added that the criminal justice system has already been set in motion in response to these very allegations. His affidavit specifically refers to the FIRs lodged against him over his alleged speeches.
CM Sarma's affidavit also relies on the recent Supreme Court judgment in Ashwini Kumar Upadhyaya v. Union of India, 2026 LiveLaw (SC) 437, wherein Top Court had observed that the existing criminal law adequately deals with the offence of hate speech.
Therefore, the affidavit submitted that, in view of the findings of the Supreme Court, the fact that the FIR has already been lodged and registered and that the investigation is presently going on, the PIL pleas be dismissed in limine.
The affidavit was filed on May 27 before a bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, which took the same on record and posted the matters for hearing next on August 6.
In the meantime, the bench directed that the full transcripts of the speeches quoted in the petition be filed for the convenience of the Court.
It may be noted that the PIL pleas, filed by Assamese scholar Dr Hiren Gohain and two others, seek directions to restrain CM Sarma from making alleged hate speeches and for the initiation of an inquiry and/or investigation into the alleged commission of cognizable offence/s under various sections of BNS.
While hearing the petitions on April 21, the Court granted CM Sarma a further 4 weeks' time to file his response to the pleas.
On that day, Senior Advocate Abhishek Manu Singhvi, appearing for CPI (M) Assam Unit, had submitted that CM Sarma had continued to make controversial remarks even after the High Court had formally issued notice in the matter in February this year.
Senior Advocate Abhishek Manu Singhvi, assisted by Advocates Navneet Gautam, Rashmi Singh, Priyansha Sharma, Aman Sharma and Subhan Shankar Gogoi, appeared for the petitioners.
