'Elections fought in court:' SC on hate speech pleas against Himanta Sarma

The Supreme Court said elections often turn into court battles while hearing petitions against Assam CM Himanta Biswa Sarma for making alleged hate speech

The Supreme Court on Tuesday observed that political fights increasingly end up being contested in courts, especially during election periods, Bar and Bench reported. 

A Bench led by Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and NV Anjaria, made the remark while hearing mentions of two petitions accusing Assam Chief Minister Himanta Biswa Sarma of hate speech. The petitions were mentioned for urgent listing before the top court. 

During the hearing, advocate Nizam Pasha, appearing for one of the petitioners, informed the court about the allegations against the Assam chief minister. 

“There is a plea against hate speech by a member of a political party. There is a video also now by the Chief minister taking a shot at the minorities etc,” Pasha submitted. 

 

Responding to this, the Chief Justice said, “The problem is when elections come, it is often fought here in supreme court only. We will see.”

What the petitions allege

The petitions have been filed by the Communist Party of India (Marxist) [CPI(M)] and senior communist leader Annie Raja. They challenge a public speech made by Sarma on January 27, as well as a video, which is now deleted, shared by the Bharatiya Janata Party's Assam unit on X. 

In the January speech, Sarma allegedly made remarks targetting a particular community. According to the petitioners, the statements were communal and violated constitutional values. The plea also objects to a video posted on February 7, which shows the chief minister discharging a firearm towards an animated image of two visibly Muslim men, the news report said. 

According to CPI(M), the video worsens communal tensions and sends a threatening message to minorities. 

Controversial remarks in public speech

In his speech at a public gathering, Sarma reportedly said that “400,000 to 500,000 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 widely considered a derogatory reference to Muslims. The petitioners argue that such statements promote exclusion and discrimination against a minority community.

Video removed but still circulating

The CPI(M) plea notes that after widespread criticism, the BJP Assam unit removed the video from its official account. 

"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 petition states. 

The party argues that despite deletion, the damage caused by the video continues due to its circulation on other platforms. 

According to the petition, ministers at both the Union and state levels have a constitutional duty to protect national unity and promote fraternity. 

The plea argues that any action or speech that promotes communal hatred or divides society violates this duty and falls outside the lawful scope of ministerial authority. 

It further claims that the chief minister’s conduct encourages social and economic exclusion of a minority community. 

The petition contends that Sarma’s actions attract criminal liability under the Bharatiya Nyaya Sanhita (BNS). It specifically refers to Sections 196, 197, 299 and 353, which correspond to Sections 153-A, 153-B, 295-A and 505 of the Indian Penal Code, the news report said. 

The petitioner has asked the court to direct the registration of a first information report (FIR) against the Chief Minister and to order a probe by a special investigation team (SIT).