Gauhati High Court Takes Up PIL Against Assam CM Over Alleged Hate Speeches
The Gauhati High Court has taken a significant step in a public interest litigation (PIL) concerning alleged hate speeches by Assam Chief Minister Himanta Biswa Sarma. On Thursday, a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury issued formal notices to multiple parties, including CM Sarma, the Union of India, the State of Assam, and the Director General of Police (DGP).
Petitioners Allege Inaction and Seek Judicial Intervention
The PIL was filed by prominent Assamese scholar Dr. Hiren Gohain along with two other individuals. They have raised serious concerns about the alleged failure of Assam police to register cases despite the existence of public videos capturing what they describe as hate speeches by the Chief Minister. The petitioners argue that this continued inaction is particularly alarming given Sarma's position as the highest constitutional office holder in the state.
According to the petition, such inaction creates a chilling effect on victims and witnesses, makes ordinary statutory remedies appear illusory, and fosters an environment of impunity. The petitioners have specifically requested the High Court to direct CM Sarma, government employees, and party members to completely refrain from making speeches that could instigate the social or economic boycott of any minority community in Assam, drive them out of the state, or incite civilians to take law-and-order into their own hands.
Supreme Court's Prior Direction and Detailed Prayers
Earlier this month, the Supreme Court of India had directed the petitioners to approach the High Court after they initially sought action against Sarma at the apex court level. Following this, the Gauhati High Court heard the matter at length before deciding to issue the notices.
The petitioners have made several detailed prayers before the High Court. They urge the court to ensure that CM Sarma completely refrains from indulging in speech that promotes enmity, hatred, and ill-will towards any community based on religion or language. Additionally, they have requested the constitution of a Special Investigation Team (SIT) to investigate the incidents of alleged hate speeches.
The proposed SIT would comprise fair, impartial, and independent investigators with a proven track record, potentially drawn from the Indian Police Service (IPS), the Central Bureau of Investigation (CBI), or include a former judge of the High Court to supervise and monitor the investigation to guarantee its independence.
Next Steps and Broader Implications
The case is now scheduled to be heard in April, marking a critical juncture in addressing allegations of hate speech at the highest levels of state governance. This legal action highlights ongoing tensions and concerns regarding minority rights and freedom of speech in Assam, drawing national attention to the intersection of politics, law, and social harmony.
The issuance of notices by the High Court represents a formal judicial acknowledgment of the petition's merits, setting the stage for a thorough examination of the allegations against Chief Minister Himanta Biswa Sarma. The outcome of this case could have significant implications for political discourse and legal accountability in the state.
