AhlulBayt News Agency (ABNA): More than 40 prominent intellectuals, former civil servants, academics, journalists and public figures have written to the Gauhati High Court, urging it to take suo motu cognisance of repeated instances of Assam Chief Minister Himanta Biswa Sarma’s hate speeches. The letter also pointed out executive interference, open vilification of Muslims and constitutional violations by the chief minister.
A delegation representing the signatories submitted an open letter to the Chief Justice of the Gauhati High Court, Ashutosh Kumar, on Thursday, seeking judicial intervention over Sarma’s recent public statements targeting the Bengal-origin Muslim community, commonly referred to as the “Miya” community.
Among those who signed the letter are noted scholar Dr Hiren Gohain, former Assam DGP Harekrishna Deka, former Archbishop of Guwahati Thomas Menamparampil, Rajya Sabha MP Ajit Kumar Bhuyan, retired IAS officers, senior journalists, academics, artists and social activists from Assam, media reports reaching here said on Friday.
In a detailed representation, the signatories said they were approaching the court “with profound faith in the constitutional role of the Hon’ble Gauhati High Court as guardian of the fundamental rights.”
“These statements, delivered repeatedly in public forums, go far beyond political rhetoric and enter the prohibited constitutional zone of dehumanisation, collective stigmatisation, and threats of state-sponsored harassment,” the representation states.
The letter specifically refers to statements allegedly encouraging social and economic discrimination against members of the community. According to the signatories, such remarks, when made by the head of the state government, undermine the constitutional guarantee of dignity, equality before law, and fraternity.
The representation also raises alarm over what it terms executive interference in the ongoing Special Revision (SR) process, citing public statements suggesting that ruling party workers were asked to file objections targeting members of the community. The signatories argued that any attempt to influence a constitutionally mandated and quasi-judicial process violates democratic norms and institutional neutrality.
Citing Supreme Court judgments on hate speech, including Ashwini Kumar Upadhyay Vs. Union of India and Vishal Tiwari Vs. Union of India, the letter states that authorities are duty-bound to act against hate speech irrespective of the position held by the speaker. It further argues that when allegations involve a sitting chief minister, judicial oversight becomes necessary to safeguard constitutional values.
The signatories also pointed to the chief minister’s constitutional oath under Article 164, stating that publicly singling out a religious community for suffering or heightened scrutiny is incompatible with the responsibilities of a constitutional functionary.
The letter calls upon the high court to direct registration of appropriate cases, ensure protection of the dignity and security of the affected community, reaffirm constitutional discipline for public office holders, and uphold secularism, which the Supreme Court has consistently held to be part of the Constitution’s basic structure.
Representatives of Axom Nagarik Sanmilan, on whose behalf the letter was submitted, said they hope the court’s intervention will help preserve constitutional balance and prevent the normalisation of hate speech and executive overreach.
Your Comment