Gauhati High Court Issues Four-Week Deadline for Assam Government and CM Sarma in Hate Speech PILs
The Gauhati High Court on Tuesday delivered a significant directive, ordering the Assam state government and Chief Minister Himanta Biswa Sarma to submit their responses within four weeks to a series of Public Interest Litigations (PILs). These petitions seek legal action against the Chief Minister for allegedly delivering hate speeches targeting minority communities within the state.
Three PILs Clubbed for Joint Hearing
A bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury presided over the hearing. The court decided to consolidate three separate PILs for a unified proceeding. These petitions were filed by the Assam State Council of the Communist Party of India, the Communist Party of India (Marxist), and individuals including Hirendranath Gohain and two others. All petitions accuse Chief Minister Sarma of utilizing hate speech in his public addresses.
Advocate Singhvi Highlights Continued Controversial Remarks
During the court proceedings, senior advocate Abhishek Manu Singhvi, representing the CPI(M) Assam unit, brought a critical point to the bench's attention. Singhvi argued that Chief Minister Sarma has continued to make controversial remarks even after the High Court had formally issued a notice on this matter back in February of this year. The Gauhati High Court had initially issued this notice to Himanta Biswa Sarma on February 26 regarding the PILs.
Singhvi strongly urged the court to issue an interim order that would include observations of 'hope and trust' to effectively restrain the Chief Minister's speeches. This request underscores the petitioners' concern over the ongoing nature of the alleged rhetoric.
Petitioners Allege Police Inaction and Climate of Impunity
The petitioners presented a detailed argument, alleging that despite the existence of public videos capturing the Chief Minister's alleged hate speeches, the Assam police have failed to file a suo motu First Information Report (FIR). They contended that this persistent inaction creates a chilling effect on victims and witnesses, renders ordinary statutory remedies ineffective, and fosters a dangerous climate of impunity where such behavior goes unchecked.
The petitions explicitly urge the court to direct Chief Minister Sarma and his party members to completely refrain from engaging in any speech that instigates the social or economic boycott of any minority community in Assam or incites civilians to take law and order into their own hands.
Government Assurance and Next Hearing Date
Representing the Assam government, counsel assured the court that their reply affidavit would be filed promptly. The bench noted this submission, stating, "It has been submitted on behalf of the state that the response affidavit shall positively be filed by the next date." Consequently, the court has scheduled the next hearing in this high-profile case for May 28, marking a crucial date for the ongoing legal scrutiny of the allegations against the state's leadership.
