'Fissiparous Tendency' : Gauhati High Court Issues Notice To Assam CM On Petitions Against 'Hate Speeches' Targeting Muslims

The Gauhati High Court on Thursday (February 26) issued notice on a PIL petition and two connected cases seeking directions to restrain Assam Chief Minister Himanta Biswa Sarma from making alleged hate speeches against the minority communities in the state.

The PIL states that despite the presence of public videos of alleged hate speeches of CM Sarma, Assam Police has not filed a suo motu FIR. It claims that inaction against CM fosters a "climate of impunity" and a chilling effect.

The PIL filed by Assamese scholar Dr Hiren Gohain and two others seeks directions to restrain CM Sarma 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 Sarma for alleged hate speech to approach the High Court.

After hearing the matter at length, a division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury said, "Let notices be issued to the Union of India, State of Assam, DGP and Assam CM Himanta Biswa Sarma". The court also issued notice on the prayer for interim relief.

Chief Justice Ashutosh Kumar also orally remarked that there was a 'fissiparous tendency' appearing from the alleged statements read out before the court

When the petitioners urged for an ad-interim order restraining the CM 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 Court also said that issuing notice to the Bharatiya Janata Party (BJP) was not necessary at this stage.

CM violated oath of office, secularism & 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 CM's statements and videos on the alleged speech, Singhvi argued, "When someone takes the oath of a public office, especially the CM of the state, such instances are unacceptable. A repetitive pattern could be seen".

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

"CM invoked Mahatma Gandhi's policy of civil disobedience and non-cooperation while targeting a specific community in the state. I believe 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 CM," Singhvi emphasized.

Derogatory Remarks made against minority community calling them 'Miya Muslim'

Meanwhile, 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".

Singh meanwhile said, "I want to join Dr Singhvi in stating that these petitioners have approached the Gauhati High Court with great anguish, as they feel that the CM 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 CM has been making remarks against the 'Miya-Muslims'. On 8th Feb 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" Singh said that grievance 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 CM had made such remarks with regard to a welfare scheme. Singh further submitted that in August 2024, the CM blamed a private university in Meghalaya for the massive flooding in Guwahati and is stated to have termed it a "flood jihad".

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

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

Singh said, "...Now, CM has started making not just hate speeches but incendiary remarks. He refers to Bengali migrant Muslims as 'Miya'.In yet another remark, CM Sarma said that four to five lakh Miya voters will be deleted when the SIR of electoral rolls is conducted in #Assam. He also insisted that his job was to make the Miya people suffer".

Singh submitted that CM Sarma had said that he had "told the BJP people to keep making complaints against Miyas". "...In a rickshaw, if the fare is Rs 5, give them Rs 4. Only if they face troubles will they leave Assam…," Singh added.

Referring to Supreme Court's Amish Devgan judgment, Singh submitted that the Apex Court had said that when hate speech is made by an influential personality, the police have a duty to suo-motu lodge an FIR and not wait for a complaint to be made.

Singh said that the petitioners seek "peace" in the state, as they don't want to see it go up in flames. Asking the court to issue notice Singh said, "We are facing a distressing situation where the head of state, who has a great responsibility, is picking and choosing between the citizens. We citizens have huge expectations from the CM".

Singh further referred to Supreme Court's decision in 'Ghooskhor Pandit' movie case wherein Justice Ujjal Bhuyan had said that public figures holding high constitutional offices, such as ministers, must not target any community on the basis of religion, caste, language or region, as it would violate the Constitution.

CM can't make statements causing law and order problem

Meanwhile senior advocate Meenakshi Arora appearing for the petitioner a connected matter said that when the former US President Barack Obama had in 2023 said that India may pull apart if the rights of the religious and ethnic minorities are not upheld, to this the CM had said that India has many "Hussain Obamas".

"As a CM of the state, who occupies the seat of power, can't make statements that create a law-and-order situation. He said in one of his statements that 'Miya' people are to be blamed for the inflated prices of vegetables in the State.There is a consistent pattern in his speeches that shows he is denigrating a particular community. He made a statement that Muslims could constitute nearly 40 per cent of the state's population in the next Census, but there is no material to back this claim," Arora added.

Arora submitted that when the CM was asked a question by a Muslim reporter about the status of action against hill-cutting in a part of Assam, and he (CM) targeted the reporter on the basis of his religious identity.

"CM asks people to give trouble to Muslims; if this is not inciting, then what is? He says that his job is to make 'Miyas' suffer, and people should also do so," she said.

She said that the CM's statement incites a particular person to act violently against a particular community.

"There must be a direction to lodge an FIR in this case. In the meantime, the CM must be directed to cease and desist from making such statements that are contrary to the spirit of constitutional morality," she added.

Background

For context the PIL plea also prays for the following reliefs:

* An independent SIT probe into alleged offences under S. 196, 197 & 353 BNS

* A commission chaired by a former HC Judge to monitor the SIT investigation.

* A declaration that the CM violated his constitutional oath of office.

The PIL plea urges the High Court to step in immediately to dispel the notion that hate speech in Assam doesn't come with "complete impunity". It seeks urgent action to stop CM Sarma from committing further offences under S. 196(Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 197(Imputations, assertions prejudicial to national integration) & 353 (Statements conducing to public mischief) BNS.

The matters are now listed in April.

Case title: DR. HIRENDRANATH GOHAIN AND 2 ORS Versus THE UNION OF INDIA AND 3 ORS and connected petition

PIL/14/2026, PIL/15/2026

Senior Advocate Chander Uday Singh appeared for Dr Hiren with Advocates Sauradeep Dey, Rupali Samuel, Yash S Vijay