Gauhati HC Issues Notice to CM Himanta Biswa Sarma Over Hate Speech PILs

The Gauhati High Court on Thursday issued notices to Assam Chief Minister Himanta Biswa Sarma, the state government, and the Director General of Police in connection with a clutch of Public Interest Litigations accusing the Chief Minister of making hate speeches and communal remarks against minority communities.
The petitions — including one filed by noted Assamese scholar Dr. Hirendranath Gohain and two others — contend that despite the existence of publicly available videos of the Chief Minister's alleged speeches, Assam Police has failed to register a suo motu FIR, creating what the petitioners describe as a "climate of impunity" and a chilling effect on minorities in the state.
A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, after hearing the matter, ordered: "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, while observing that issuing notice to the BJP was not necessary at this stage. The next date of hearing has been fixed for March 21, after the Bihu holidays.
The petitioners were represented by some of India's most senior legal voices. Advocate Abhishek Manu Singhvi argued before the bench that the Chief Minister's conduct showed a pattern of deliberate and habitual violations — of his constitutional oath and of Articles 14, 15, and the principles of secularism and fraternity.
Senior Advocate C.U. Singh alleged that specific remarks attributed to the Chief Minister — including references to "Miya Muslims" and "flood jihad" — were deeply divisive in nature, telling the court: "We are facing a distressing situation where the head of the state is picking and choosing between citizens."
Senior Advocate Meenakshi Arora went further, arguing that some of the statements attributed to Sarma could directly trigger law-and-order concerns. "CM asks people to give trouble to Muslims; if this is not inciting, then what is?" she submitted.
Beyond the issuance of notices, the petitioners have sought the constitution of an independent Special Investigation Team to probe the alleged speeches, along with a formal judicial declaration that the Chief Minister violated his constitutional oath of office by making such remarks.
