The Gauhati High Court on Thursday issued notice to Assam Chief Minister Himanta Biswa Sarma on a batch of public interest litigations alleging that he made hate speech and communal remarks targeting minority communities.
Notices were also issued to the State of Assam and the Director General of Police in connection with three separate petitions.
The PILs, filed by noted Assamese scholar Dr Hirendranath Gohain and two others, allege that despite publicly available video clips of the Chief Minister’s speeches, the Assam Police has failed to register a suo motu FIR. The petitioners contend that this inaction has fostered a “climate of impunity” and created a chilling effect.
After hearing the matter, a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury directed that notices be issued to the Union of India, the State of Assam, the DGP, and the Chief Minister. The court also issued notice on the petitioners’ plea seeking interim relief.
When the petitioners pressed for an ad-interim order, the bench observed orally that notices would be issued first and that the matter would be taken up after the Bihu holidays. The next date of hearing has been fixed for March 21. The court clarified that issuing notice to the Bharatiya Janata Party was not required at this stage.
Appearing for one of the petitioners, senior advocate Abhishek Manu Singhvi argued that the alleged statements showed a pattern of conduct, claiming that the Chief Minister had violated his constitutional oath and fundamental principles under Articles 14 and 15, as well as secularism and fraternity.
Senior advocate CU Singh submitted that references allegedly made by the Chief Minister to terms such as “Miya Muslims” and “flood jihad” were deeply divisive, adding that the head of the state was selectively targeting citizens.
Senior advocate Meenakshi Arora contended that the statements attributed to the Chief Minister could have serious law-and-order implications, arguing that they amounted to incitement.
The petitioners have sought the constitution of an independent SIT to probe the allegations and a declaration that the Chief Minister violated his constitutional oath
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