The CMSS filed the case under section 153 A of the Indian Penal Court invoked for promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc.
The section is cognisable and non-bailable with the punishment prescribed as imprisonment which may extend to three years or with a fine, or both.
Responding to reporters' query on opposition parties' protest against the new Citizenship (Amendment) Bill 2016, the minister had said "The people of the state have to choose who their enemy is. The 1 to 1.5 lakh people or 55 lakh people. The Assamese community is at the crossroads. We could not (save) 11 districts. If we continue to remain this way, six more districts will go out (of our hands) in the 2021 Census."
This triggered protests from opposition parties, students and social organisations, two former chief ministers, AIUDF and the All Assam Students' Union (AASU) that has sponsored the illegal Bangladeshi migrants' Assam Movement.
Former chief minister Prafulla Kumar Mahanta said "We
can't let Assam be the grazing ground of foreigners. We shouldered a lot of burdens of foreigners. There is no question of shouldering any burden of the Bangladeshis who entered Assam after March 25, 1971."
Another former CM Tarun Gogoi, against whom Sarma had lead a dissidence before he joined the BJP, said "Himanta is going to be a second Jinnah. What he said has violated both the Constitution and the Assam Accord."
AIUDF's president Badruddin Ajmal said the Education minister was making communally sensitive statements on the issue of Bangladeshi Hindus and that there was no opposition to the detection of foreigners in accordance with the existing laws and the Assam Accord.
Reacting to the sharp criticism to his statement, Sarma said "My statement that 'Hindu population is declining fast and that of Muslim is going up in the state' is based on facts and figures. A debate on the issue can find out a tangible solution."
The BJP state unit, however, has distanced itself from Himanta's statements with state BJP's Minority Morcha president Mominul Aowal and party spokesperson Rupam Goswami stating, "The recent statements on the Bangladeshi Hindu issue made by Himanta Biswa Sarma are his personal, not of the party."
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