Four Assamese citizens have approached the Supreme Court under Article 32 of the Constitution. They seek urgent directions against Assam Chief Minister Himanta Biswa Sarma over alleged hate speeches targeting a minority community in the State.
The petitioners are Dr. Hiren Gohain, retired professor and public intellectual; Harekrishna Deka, former Director General of Police of Assam; Paresh Chandra Malakar, Editor-in-Chief of Northeast Now; and Senior Advocate Santanu Borthakur. They allege that the Chief Minister repeatedly made statements that incite discrimination, social and economic boycott, and violence against Bengali-origin Muslims in Assam.
Matter Mentioned Before CJI Surya Kant
Advocate Rupali Samuel mentioned the petition before Chief Justice of India Surya Kant. She sought urgent listing of the matter. She also requested that the case be tagged with an earlier petition raising similar issues.
The Chief Justice agreed to list the matter.
A day earlier, petitions filed by the Communist Party of India (Marxist) and the Communist Party of India had also been mentioned before the CJI. Those petitions seek registration of an FIR and a court-monitored Special Investigation Team (SIT) probe against the Chief Minister.
Allegations in the Petition
The petition states that the Chief Minister, through public speeches, press interactions, and social media posts, promoted enmity and hatred on grounds of religion, language, place of birth, and residence.
It alleges that he used expressions such as “Miya” and “Bangladeshi.” The plea describes these words as derogatory slurs directed at Bengali-origin Muslims in Assam. It further claims that he called for a social and economic boycott of the community.
The petition refers to statements allegedly made on January 25 and January 27, 2026. These remarks related to the ongoing summary revision of electoral rolls in Assam. According to the plea, the Chief Minister suggested that notices were being served selectively and that “Miya votes” should be curtailed.
The petition also alleges that he admitted directing party workers to file complaints against members of the minority community with the intention of causing harassment.
Further, the plea cites a statement in which he allegedly urged people to “give trouble” to the community. It claims that he called for creating conditions that would prevent them from continuing to reside in Assam. The petition also refers to remarks advocating non-cooperation and “civil disobedience.” It alleges that he encouraged denial of land, vehicles, and livelihood opportunities to the targeted group.
Another instance concerns a video posted on February 7, 2026, on the X handle of the Assam state unit of the Bharatiya Janata Party. The video allegedly shows the Chief Minister holding a gun and using the words “point blank shoot.” According to the petitioners, the context targeted persons dressed in attire associated with the minority community.
Alleged Inaction by Authorities
The petitioners contend that the alleged speeches were widely circulated. They argue that the statements prima facie disclose offences relating to promotion of enmity and incitement to violence. Despite this, they claim that no suo motu FIR has been registered by State authorities.
They submit that such inaction creates an atmosphere of impunity. They further argue that when the alleged speaker holds the highest executive office in the State, victims and witnesses may feel deterred from approaching authorities.
Reliance on Supreme Court Precedents
The petition relies on Tehseen S. Poonawalla v. Union of India (2018). It also cites subsequent directions in Shaheen Abdulla v. Union of India. The plea submits that once speech crosses into hate speech, the State cannot treat its response as discretionary.
It argues that authorities must register FIRs even in the absence of a formal complaint.
Reliefs Sought
The petition seeks an immediate cessation of the alleged hate speech by the Chief Minister and his associates. It also seeks action for alleged violation of the constitutional oath under Article 164(3) read with the Third Schedule of the Constitution.
The petitioners request the constitution of a Special Investigation Team to conduct an investigation. Alternatively, they seek the formation of a commission headed by a former judge of the Supreme Court. That commission would supervise and monitor the investigation and recommend further legal measures.
The petition asserts that urgent intervention is necessary to prevent escalation of communal tensions. It also states that the Court must safeguard the guarantees of equality, non-discrimination, dignity, and life under Articles 14, 15, 19, and 21 of the Constitution.
The matter has been filed through Advocate-on-Record Yash Vijay. It is titled Dr. Hiren Gohain and Others v. Union of India and Others.
