The Gauhati High Court on Thursday issued a notice to Chief Minister Himanta Biswa Sarma in connection with a bunch of PILs, accusing him of giving "hate speech" and making "communal comments" against the the minority communities.
Notices were also issued to the state government and the DGP in connection with three different petitions on the matter.
The PIL, filed by noted Assamese scholar Dr Hirendranath Gohain and two others, contends that despite the existence of public videos of the Chief Minister's alleged speeches, Assam Police has failed to register a suo motu FIR. The plea argues that such inaction has created a "climate of impunity" and a chilling effect.
After hearing the matter, a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury ordered, "Let notices be issued to the Union of India, State of Assam, DGP and Assam CM Himanta Biswa Sarma."
The court also issued notice on the prayer for interim relief.
When the petitioners sought an ad-interim order, the bench orally observed, "At this stage, let notices be issued first... We will keep it after the Bihu holidays."
The court fixed March 21 as the next date of hearing.
It noted that issuing notice to the BJP was not necessary at this stage.
Senior advocate Abhishek Manu Singhvi, appearing for one of the petitioners, argued, "Just see the consistency, continuity, and habitual nature of this person's action. He is violating the oath of his office and every known canon of Article 14, 15, secularism and fraternity."
Senior advocate CU Singh alleged that certain remarks by the Chief Minister, including references to "Miya Muslims" and "flood jihad," were deeply divisive.
He told the court, "We are facing a distressing situation where the head of the state... is picking and choosing between citizens."
Senior advocate Meenakshi Arora submitted that statements attributed to the Chief Minister could trigger law-and-order concerns, stating, "CM asks people to give trouble to Muslims; if this is not inciting, then what is?"
The petitioners have sought an independent SIT probe and a declaration that the Chief Minister violated his constitutional oath.
