In a significant development, the Gauhati High Court on Thursday issued notice to Assam Chief Minister (CM) Himanta Biswa Sarma on a batch of petitions seeking action against him for repeated hate speeches against Muslim community..Pertinently, the Court at one point remarked that the speeches of Sarma cited by the petitioners did show a "fissiparous tendency."A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury heard the matter at length before seeking response from Sarma and the Central and Assam governments."Notice issued to respondents (accepted for R1 Union of india and R2 for State by counsel in State).. Let notice be issued to Respondent 3 (CM Sarma)," the Court said.The matter will be heard next in April..Senior Advocate CU Singh, representing some petitioners, argued that Sarma has been engaging in "dog whistling" by commenting that Miya Muslims should not be allowed to vote in Assam but may have voting rights in Bangladesh instead.Singh also told the Court that Sarma had openly said that he would steal Miya Muslim votes ("vote chori") and that many Muslim voters will be deleted from the voter's list. “Each and every statement, they don’t co-locate with the earlier statement. What 'vote chori, why we call it chori, we want to steal votes' - these appear to be blusters. Other statements you can say, but not every part of it. There is a fissiparous tendency, it appears, from what you are showing. Let us see what they are saying," the Chief Justice observed. .The Court was hearing a batch of petitions seeking action against Biswa, who has been accused of making repeated hate speeches, particularly targeting the Muslim community in Assam.In a public speech delivered on January 27, Sarma said 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.Later 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”.Congress party, Assamese scholar Hiren Gohain, Communist Party of India (Marxist) [CPI(M)] and others then petitioned the High Court. Earlier, the Supreme Court had declined to intervene in the matter, asking the petitioners to approach the High Court first.Today, Senior Advocate Abhishek Manu Singhvi, CU Singh and Meenakshi Arora appeared for the petitioners before High Court..Arguments.Singhvi, who began the arguments, prayed for issuance of notice in the case and an appropriate interim protection."It is sad to say but a constitutional authority in the state has acted repetitively, habitually, consistently and continuously by using words of a vituperative campaign of hate," Singhvi said.Singhvi urged the Court to look at the consistent and habitual nature of Sarma's actions. Accusing Sarma of violating his oath of office, Singhvi said,"Every known canon of Article 14, 15, the words of the Preamble - secularism and fraternity, and specific five provisions of the statute. Let me place that about the consistency of pattern."Specifically with regard to the video shared by the BJP handle in which Sarma was seen firing with a gun at Muslim men, Singhvi said,"Gun pointing, visibly religious emblematic image, another graphic image ...This is reprehensible and inexcusable by anyone, but there can be degrees when one takes an oath, or when I take a public office, when he is the chief executive of a State," Singhvi submitted.Even though it was taken down after four days, it had garnered over a million views by then, he pointed out."Four days later it is taken down after over 1 million views. Some lowly functionaries are blamed, though in those photos, lordship will see the BJP official handle is there. There is a habitual, repetitive pattern. It is not a swallow in the summer. (One of the posts) cited Mahatma Gandhi - this is the greatest irony - saying that non-cooperation and civil disobedience are ways to create an environment where they cannot stay in Assam. Mahatma Gandhi will turn over his grave on this interpretation of civil disobedience," Singhvi contended..Senior Advocate CU Singh also appeared for petitioners."They (petitioners) feel CM Sarma has been, for whatever reason, playing one side another and leading to a very disruptive, demeaning situation in the State. And it reflects on the entire State, not just the minority," Singh submitted.He referred to remarks by CM that elections were lost in three neighbouring states because of Muslims as well remarks attributing a flood to a college because it was set up by a person belonging to minority community."On January 27, CM stated that 4-5 lakh Miyas will get deleted in the Assam SIR and "my job is to make them suffer. The Chief Minister said, in a rickshaw if the fare is ₹5, give them ₹4. He urged people to trouble the Miyas, saying only if they trouble would they leave Assam," Singh said.A video later emerged of a woman refusing to pay full fare to a rickshaw puller due to the CM's statement."Supreme Court has said that when hate speech is made especially by a responsible person, there is a suo motu requirement, a mandate for the police to register an FIR, they cannot hold their hands back and wait for a complainant to come forward," it was submitted.Singh said that it was very distressing that the executive head of the state would use demeaning language against a section of citizens."It is exceedingly distressing that milords the head of the State, who has such great responsibility to serve all the citizens, should pick and choose between the citizens. It is just very, very distressing. It is just very, very distressing to use demeaning language, to denigrate people. Every single citizen of the State has an expectation from the Chief Minster after all," Singh said..Senior Counsel Meenakshi Arora, also appearing for the petitioners, said that there was a consistent pattern in CM Sarma's statements against a particular community."There is a consistent pattern, in making statements against a given community throughout. This is not something that is happening only in the middle of elections. There is a pattern, a consistency here. That particular pattern against a particular community go against the very framework of the preamble of the Constitution. He blames so called 'Miyas' for rocketing of vegetable prices. The statement was made on July 16, 2023. As head or CM of State or as a person occupying a place of power and responsibility, he cannot make such remarks which can lead to a law and order issue," Arora said.CM Sarma has even appealed to voters to remove "Akbars", claiming that if one Akbar comes, more Akbars will come and "Maa Kaushalya's bhoomi" will become unholy (apavitra), Arora recounted. A Chief Minister cannot engage in such incitement on religious grounds in a secular country, Arora argued."At the end of the day, our Preamble still has a secular provision. In a secular country, one cannot use religion to invite votes or put down any other," she emphasised.Arora referred to a statement by Sarma in which he exhorts students not to go to a particular educational institution because it had a Bengali Muslim origin and claims that floods in Assam would stop if they didn't go to this college.She also highlighted CM Sarma's statement in Chhattisgarh claiming that Muslim population in Assam has risen from 12 per cent in 1951 to 40 per cent."These statements are not supported by any statistics, they are made only to incite people. If these statements are not incendiary, if they are not inciting people, what else? How does a flood stop if students go or do not go to a college?" Arora demanded..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
