Gauhati HC issues notice to Assam CM in PILs accusing him of giving 'hate speech'

Guwahati, Feb 26 (PTI) The Gauhati High Court on Thursday issued a notice to Chief Minister Himanta Biswa Sarma in connection with a bunch of PILs, accusing him of giving "hate speech".

Notices were also issued to the state government and the DGP in connection with three different petitions on the matter.

A division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard the three petitions.

The court fixed April 21 as the next date of hearing.

"The respondents have to reply to the notices before the next date. The court has not issued any other order," Advocate Santanu Borthakur, who assisted the counsels for one of the petitioners, told PTI.

One petition was filed by Sahitya Akademi awardee litterateur Hiren Gohain, former DGP Harekrishna Deka and senior journalist Paresh Malakar on February 24. The CPI and CPI(M) had also filed separate petitions on February 21 over the matter.

The Supreme Court on February 16 refused to entertain petitions seeking action against Sarma in a similar matter.

The petitioners alleged that the remarks made by Sarma could divide society.

"The Respondent No. 3 (Sarma), while addressing reporters openly admitted to having directed members of his political party to deliberately file complaints against Bengali-origin Muslims, referred to by him pejoratively as 'Miyas', with the express object of causing them harassment and hardship," alleged the petition filed by the three prominent citizens.

"...the Chief Minister of the State of Assam is sullying his high constitutional office and violating his constitutional oath of office by indulging in blatant 'hate speech' against a minority community in Assam," it alleged.

The PIL also alleged that Sarma is making speeches and releasing videos that are overtly inciting violence against the minority community by instigating civilians to take law and order into their own hands.

It alleged that Sarma has indulged in "blatant hate speech" against the minority community in Assam by calling for their social and economic boycott and using derogatory words to describe them, and propagating harmful stereotypes about them.

It also alleged that the CM has been "instigating violence and hatred with references to the community's dress and language, instigating communal disharmony, and directing his officials to use their public office in a malafide manner to harass the minority community".

"The petitioners, inter alia, seek a complete cessation of any hate speech by Respondent No 3 (Sarma) and his associates, especially speech instigating civilians to take law and order into their own hands by acting against a particular minority community in Assam," it said.

The PIL also demanded an enquiry by a Special Investigation Team (SIT), chaired by a retired high court judge, against the CM and appropriate action.

"In the present case, despite widely disseminated and publicly recorded speeches that prima facie disclose incitement to discrimination, social and economic boycott of a minority community, no suo motu FIR has been registered by the state authorities.

"Such continued inaction, particularly where the perpetrator occupies the highest constitutional office in the state, creates a chilling effect on victims and witnesses, renders ordinary statutory remedies illusory, and fosters a climate of impunity," it claimed. PTI TR TR SOM