“Fissiparous Tendency”: Gauhati High Court Issues Notice to Assam CM in PILs Alleging Hate Speech
Evan V
The Gauhati High Court on February 26 issued notice in a public interest petition and two connected matters seeking directions to restrain Assam Chief Minister Himanta Biswa Sarma from making alleged hate speeches targeting minority communities in the State.
A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury directed the issuance of notice to the Union of India, the State of Assam, the Director General of Police and the Chief Minister, and also issued notice on the prayer for interim relief. The Chief Justice also orally observed that a “fissiparous tendency” appeared to emerge from the alleged statements read out in court.
After hearing the submissions, the Bench directed: "Let notices be issued to the Union of India, State of Assam, DGP and Assam CM Himanta Biswa Sarma".
When the petitioners sought an ad-interim order restraining further statements, the Court indicated that it would first call for responses, observing: "At this stage, let notices be issued first. It will be a normal restraint while this petition is pending consideration. Notice for both the main prayers and ad-interim prayers. We will keep it after the Bihu holidays". The Bench also observed that issuing notice to the Bharatiya Janata Party (BJP) was not necessary at this stage.
The PIL contends that, despite publicly available videos of the alleged speeches, the Assam Police has not registered a suo motu FIR, and that such inaction contributes to a “climate of impunity” and a chilling effect. The petition seeks directions to restrain the Chief Minister from allegedly making inflammatory remarks and from allegedly inciting civilians to act against minority communities.
The petition has been filed by Assamese scholar Dr. Hiren Gohain and two others. The pleadings also refer to earlier Supreme Court proceedings, where petitioners seeking action against the Chief Minister for alleged hate speech were directed to pursue remedies before the High Court.
Senior Advocate Abhishek Manu Singhvi, appearing for one of the petitioners, urged the Court to consider the alleged pattern of statements, submitting: "Just see the consistency, continuity, and habitual nature of this person's action. He is violating the oath of his office and every known canon of Article 14, 15, the words of preamble, Secularism and fraternity and provisions of BNS".
Referring to the nature of the statements attributed to the Chief Minister, he added: "CM invoked Mahatma Gandhi's policy of civil disobedience and non-cooperation while targeting a specific community in the state. I believe Gandhi would turn in his grave if he heard this interpretation. We can't forget that he has taken the oath of office. I am closing by saying that an FIR must be registered, such speeches must be stopped, and genuine action must be taken against the CM,"
Senior Advocate Chander Uday Singh, appearing for Dr. Hiren Gohain, submitted that a letter had been addressed to the Chief Justice of the High Court. The Chief Justice responded: "Yes, I read the letter and commented that the petitioners may approach the appropriate authority".
Singh stated that the petitioners had approached the Court in anguish and submitted: "I want to join Dr Singhvi in stating that these petitioners have approached the Gauhati High Court with great anguish, as they feel that the CM represents each citizen of the state, even the last person in the state...This is a demeaning situation for the state. The remarks denigrate everybody. Right from 2023, the CM has been making remarks against the 'Miya-Muslims'. On 8th Feb 2024, he addressed the state assembly on 'Mission Basundhara' wherein he said that those who were forcibly converted to Islam during the Mughal period can get the status of indigenous persons if they return to their 'original identity'.
He further submitted: "He called the University's 3-domed gates' Mecca-like' and blamed such institutions for destroying the education system."
Singh also submitted: "...Now, CM has started making not just hate speeches but incendiary remarks. He refers to Bengali migrant Muslims as 'Miya'.In yet another remark, CM Sarma said that four to five lakh Miya voters will be deleted when the SIR of electoral rolls is conducted in #Assam. He also insisted that his job was to make the Miya people suffer".
He added that the petitioners seek “peace” in the State and urged the Court to intervene, submitting: "We are facing a distressing situation where the head of state, who has a great responsibility, is picking and choosing between the citizens. We citizens have huge expectations from the CM".
Senior Advocate Meenakshi Arora, appearing in a connected petition, argued that statements made by a constitutional functionary occupying a position of authority can have law-and-order consequences. She submitted: "CM asks people to give trouble to Muslims; if this is not inciting, then what is? He says that his job is to make 'Miyas' suffer, and people should also do so," and added: "There must be a direction to lodge an FIR in this case. In the meantime, the CM must be directed to cease and desist from making such statements that are contrary to the spirit of constitutional morality,"
As pleaded, the PIL also seeks:
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an independent SIT probe into alleged offences under Sections 196, 197 and 353 of the Bharatiya Nyaya Sanhita (BNS);
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a monitoring mechanism in the nature of a commission chaired by a former High Court judge; and
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a declaration that the Chief Minister violated his constitutional oath.
Senior Advocate Chander Uday Singh appeared for Dr Hiren with Advocates Sauradeep Dey, Rupali Samuel, and Yash S Vijay. The matters have been directed to be listed after the Bihu holidays, and are stated to be listed in April.
Case Title: Dr. Hirendranath Gohain and 2 Ors. v. The Union of India and 3 Ors. and connected petitions
Case Nos.: PIL/14/2026, PIL/15/2026
Bench: Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury
