'Hate Speech' PILs | Assam CM Continued Provocative Remarks After Court Issued Notice To Him: Petitioners Submit In Gauhati HC

The Gauhati High Court today granted a further 4 weeks' time to the respondents to respond to a bunch of PIL petitions seeking actions against Assam Chief Minister Himanta Biswa Sarma for making alleged hate speeches against the minority communities in the state.

A bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury posted the matter for May 28, directing the State Government and the Assam CM to file their affidavits by the next date of hearing.

During the proceedings of the case, Senior Advocate Abhishek Manu Singhvi, appearing for CPI (M) Assam Unit, 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.

"Religiously provocative, incendiary, and needless comments are being made," Singhvi submitted. "His entire thought process is reserved for a minority only. He thinks, breathes, imagines only that. A constitutional functionary is supposed to maintain peace and balance. In his eyes, there is no regulatory, judicial, adjudicatory framework at all."

Singhvi filed a note (not yet on affidavit) before the bench referring to fresh remarks made by CM Himanta on March 27, April 17, 18 and 20, pointing out that he continues to use words like 'Miyan'.

Pointing out that the matter is active and sub-judice, Singhvi argued that the Chief Minister "can't have the license" to continue making such remarks.

"Forget a constitutional functionary who is supposed to maintain peace and balance...forget all these nice words...an ordinary man on the streets is not supposed to be allowed to do all this remotely," Singhvi submitted.

Hence, he strongly urged the Court to pass an interim order containing some observations of 'hope and trust' to 'hold' his speeches; however, the bench did not accede to the request.

Chief Justice Kumar orally said that the Court must wait for his response and that "vulnerable days are over" (referring to the fact that elections are over). To this, Singhvi responded in a lighter vein, "He (CM Himanta) doesn't look for vulnerable days (before making remarks)"

Chief Justice Kumar, however, orally remarked that a response in the matter should have been filed till now.

"You can't be evading to file a response...You need to respond whether it is justified, whether you said that (alleged remarks)," the bench orally told the state counsel.

Against this backdrop, the Court posted the matter for a hearing next on May 28 and directed the respondents to file their response by then while serving an advance copy to the petitioners.

Senior Advocate Abhishek Manu Singhvi, assisted by Advocates Navneet Gautam, Rashmi Singh, Priyansha Sharma, Aman Sharma and Subhan Shankar Gogoi, appeared for the petitioners.