'Don't fight elections here': SC on plea against Himanta Sarma
What's the story
The Communist Party of India (Marxist) and Annie Raja of the Communist Party of India have filed a petition in the Supreme Court against Assam Chief Minister Himanta Biswa Sarma. "We seek urgent intervention...with respect to disturbing speeches made by the sitting CM of Assam, including a recent video posted where he is shown as shooting at members of a particular community. Complaints are filed, but no FIRs registered," Advocate Nizam Pasha, representing the parties, urged Chief Justice Surya Kant.
CJI
'When elections come, part of elections...'
Responding, CJI Kant said that as and when elections are around the corner, political battles are fought in the Supreme Court too. "Problem is, as and when elections come, part of the elections is fought inside the Supreme Court. That is the problem. We will find out, will give date," the CJI said. Legislative Assembly elections are expected to be held in Assam in March or April.
Legal demands
Petition seeks SIT probe into hate speech allegations
The petitioners have asked for FIRs to be registered against Sarma for hate speech and communal polarization. They also want the Supreme Court to set up a Special Investigation Team (SIT) to look into the case, saying state and central agencies can't be trusted with an unbiased investigation. The petition cites a recent video on 'X' by BJP Assam's official handle showing Sarma shooting at people from the Muslim community.
Allegations outlined
Timeline of alleged exclusionary rhetoric provided in petition
The petition also provides a timeline from 2021 to February 2026, detailing speeches allegedly calling for the exclusion of Bengali-origin Muslims. It claims these statements led to economic discrimination and harassment justified by perpetrators as acting on Sarma's directions. The petition argues that Sarma's rhetoric mixes illegal immigration with Muslim identity, despite NRC data showing most excluded were non-Muslims.
Constitutional breach
Sarma's speeches violate constitutional oath, claim petitioners
The petition argues that Sarma's actions violate his constitutional oath to uphold equality and fraternity. It cites Supreme Court precedents, claiming such conduct amounts to misfeasance in public office and breach of constitutional trust. The speeches allegedly violate provisions on hate speech and incitement under the Bharatiya Nyaya Sanhita, 2023 (corresponding to IPC provisions), as well as electoral offenses under Representation of the People Act, 1951.
Additional petitions
Other legal actions against Sarma's remarks
Separately, a writ petition was filed by 12 individuals against Sarma's remarks on 'Miya Muslims' and 'flood jihad.' The Islamic clerics' group Jamiat Ulema-i-Hind has raised concerns over Sarma's speeches, asking the Supreme Court to restrain people holding Constitutional posts from making divisive comments. According to Jamiat Ulama-i-Hind, there is a broader pattern of public discourse in which dominant voices brand a section of citizens, primarily Muslims, using expressions like "jallad", "ghuspaithiya", "anti-nationals", "jihadis", "mullahs", "ghaddar", "atankis," and "sleeper cells."