Gauhati High Court Issues Notice to Assam Chief Minister Over Alleged Hate Speech
The Gauhati High Court has issued a formal notice to Assam Chief Minister Himanta Biswa Sarma following multiple public interest litigation cases alleging hate speech. The court's action comes amid growing legal scrutiny over the Chief Minister's public statements and their potential impact on community relations in the northeastern Indian state.
Court Proceedings and Observations
A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury issued notices to the Central government, Assam state government, and the Director General of Police in connection with three separate petitions filed on the matter. The court has scheduled the next hearing for April 21.
During proceedings, Chief Justice Kumar observed what he termed a "fissiparous tendency" in the statements attributed to the Chief Minister. The court noted apparent inconsistencies in various public statements, particularly those relating to electoral processes.
Senior advocates Abhishek Manu Singhvi, Chander Uday Singh, and Meenakshi Arora represented the petitioners, while no legal counsel appeared for the government or the Chief Minister during the hearing.
Background of Legal Challenges
The legal action stems from multiple petitions filed by prominent citizens and political organizations. One petition was submitted by Sahitya Akademi awardee Hiren Gohain, former Director General of Police Harekrishna Deka, and senior journalist Paresh Malakar on February 24. Additionally, the Communist Party of India and Communist Party of India (Marxist) filed separate petitions on February 21.
The Supreme Court had earlier declined to hear similar petitions on February 16, directing petitioners to approach the Gauhati High Court instead. The apex court also instructed the High Court Chief Justice to expedite proceedings in the matter.
Specific Allegations
The petitioners allege that the Chief Minister's public remarks could potentially divide society along communal lines. The legal documents claim that Sarma admitted to directing party members to file complaints against specific community members, allegedly causing harassment and hardship.
The petitions further allege that the Chief Minister has violated his constitutional oath of office through statements that may incite violence against minority communities. The legal challenges seek complete cessation of such speech and demand an inquiry by a Special Investigation Team headed by a retired High Court judge.
Political Context
The court proceedings occur ahead of expected assembly elections in Assam, scheduled for March-April. The timing of these legal challenges adds a significant political dimension to the ongoing judicial scrutiny.
The court declined to issue notice to the Bharatiya Janata Party at this stage, stating that the matter would be considered later, despite petitioners referencing controversial content on the party's official social media accounts.
The case highlights the ongoing tension between political discourse and legal boundaries in India's democratic framework, particularly regarding statements that may affect communal harmony in diverse states like Assam.