New Delhi, Feb 10 (UNI) The Supreme Court on Tuesday remarked that political battles are often fought in courts, particularly during election periods, while considering the mention of petitions alleging hate speech by Assam Chief Minister Himanta Biswa Sarma.
The observation was made by a Bench comprising Chief Justice of India (CJI) Justice Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria, when two petitions were mentioned seeking action over alleged hate speech and related material attributed to the Assam Chief Minister.
Advocate Nizam Pasha, appearing for one of the petitioners, submitted that the plea concerned alleged hate speech by a political functionary and referred to a video purportedly showing the Chief Minister making remarks targeting minorities.
Responding to the submission, Justice Surya Kant observed, “The problem is when elections come, it is often fought here in the Supreme Court only. We will see.”
The petitions, filed by the Communist Party of India (Marxist) [CPI(M)] and communist leader Annie Raja, challenge a public speech delivered by Chief Minister Sarma on January 27 and a video shared on the BJP Assam unit’s X handle.
The video depicts Sarma discharging a firearm towards an animated image of two visibly Muslim men, shown within the crosshairs of a weapon.
According to the pleas, during the public address, Sarma stated that “four to five lakh Miya voters” would be removed from the electoral rolls and that “Himanta Biswa Sarma and the BJP are directly against Miyas.”
The term “Miya,” the petitioners contend, is used in a derogatory manner to refer to Muslims.
The petitions further point out that on February 7, the BJP Assam unit shared a video portraying the Chief Minister firing at an animated image of two Muslim men, accompanied by phrases such as “Point blank shot” and “No Mercy.”
While the video was later removed from the official handle following backlash, the petitioners submit that it continues to circulate widely on other platforms.
CPI(M) has contended that such content reinforces a climate of hostility, exclusion, and intimidation against the minority community. The pleas argue that the constitutional scheme casts a duty on Ministers to uphold national unity and constitutional fraternity, and that any conduct promoting communal hatred falls outside the permissible limits of ministerial authority.
The petitions also assert that the alleged conduct attracts criminal liability under the Bharatiya Nyaya Sanhita (BNS), including Sections 196, 197, 299, and 353, corresponding to Sections 153A, 153B, 295A, and 505 of the Indian Penal Code. The petitioners have sought registration of an FIR against Chief Minister Sarma and an investigation by a Special Investigation Team.
The plea on behalf of CPI(M) was filed through advocate Lzafeer Ahmad. Earlier, Jamiat Ulama-i-Hind had also approached the Supreme Court challenging the same speech.
