The Supreme Court on Tuesday said that political battles are often fought in courts..A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and NV Anjaria made the remark when two petitions alleging hate speech by Assam Chief Minister Himanta Biswa Sarma were mentioned for listing."My lord there is a plea against hate speech by member of political party. There is a video also now by the Chief minister taking a shot at the minorities etc," said advocate Nizam Pasha on behalf of one of the petitioners."The problem is when elections come, it is often fought here in supreme court only. We will see," the CJI responded..The petitions before the Court by Communist Party of India (Marxist) [CPI(M)] and communist leader Annie Raja have objected to a public speech delivered by CM Sarma on January 27 as well as a video shared on BJP Assam unit's X handle depicting Sarma discharging a firearm towards an animated image of two visibly Muslim men.In his speech, Sarma stated at a public gathering that “four to five lakh Miya voters” would be removed from the electoral rolls and that “Hemant Biswa Sarma and the BJP are directly against Miyas”.The term “Miya” is used to address Muslims in a derogatory manner.On February 7, a video was shared by BJP's Assam unit which showed CM Sarma shooting towards an animated image of two Muslim men positioned within the crosshairs of the weapon, following which their photograph is shown as being struck by successive gunshots.The video was accompanied by, and in parts overlaid with, textual phrases such as “Point blank shot” and “No Mercy”.According to the plea by CPI(M), such material serves to reinforce and amplify a climate of hostility, exclusion, and intimidation directed against the minority community. "It is pertinent to note that following severe backlash over this video, it was removed from the official handle of BJP’s State Unit; nevertheless, the material continues to be widely circulated and disseminated through multiple other accounts and platforms," the plea has pointed out.As per the petition, the constitutional scheme imposes an inviolable duty upon Ministers of the Union and the States to preserve national unity and constitutional fraternity and any conduct that foments communal hatred or social fragmentation strikes at the very root of the constitutional trust reposed in holders of public office and falls outside the permissible sphere of ministerial power.The plea contends that the Chief Minister's conduct besides fuelling communal hostility and encouraging the social and economic boycott and exclusion of a minority community, also squarely attracts criminal liability under the Bharatiya Nyaya Sanhita (BNS), particularly under Sections 196, 197, 299, 353—corresponding to erstwhile Sections 153-A, 153-B, 295-A, and 505 of the Indian Penal Code.The petitioner has sought registration of a first information report (FIR) against Sarma for the above speeches and conduct, and a probe by a special investigation team into the same.The plea was filed through advocate Lzafeer Ahmad..Earlier, Jamiat Ulama-i-Hind had also moved the Court against Sarma's speech.According to their submissions, hate speech targeting religious communities and religious personalities constitutes an aggravated constitutional wrong."Such speech not only harms the sensibilities and emotions of the followers of those personalities, but also seriously affects public order in the social sphere and also the overall moral compass of the society at large which is highly diverse and religious," it has been contended.Jamiat Ulama-i-Hind stated that there is a broader pattern of public discourse in which dominant voices brand a section of citizens, predominantly Muslims, using expressions such as “jallad”, “ghuspaithiya”, “anti-nationals”, “jihadis”, “mullahs”, “ghaddar”, “atankis”, “sleeper cells”, “stone-pelters”, “mian” and “katua”..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
