The PIL filed by Assamese scholar Dr Hiren Gohain and two others stated that despite the presence of public videos of alleged hate speeches of CM Sarma, Assam Police has not filed a suo motu FIR.
Gauhati HC issues notice to Assam CM Himanta on PIL against 'hate speeches' targeting Muslims. (File Photo: IANS)
The Gauhati High Court today issued notice on a PIL petition and two connected cases seeking directions to restrain Assam Chief Minister Himanta Biswa Sarma from making alleged hate speeches against the minority communities in the state.
The PIL filed by Assamese scholar Dr. Hiren Gohain and two others stated that despite the presence of public videos of alleged hate speeches of CM Sarma, Assam Police has not filed a suo motu FIR. It claims that inaction against CM fosters a “climate of impunity” and a chilling effect.
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The PIL seeks directions to restrain CM Sarma from making alleged hate speeches and inciting civilians to take the law into their own hands against minority communities.
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Also, the petitioner has demanded an independent SIT probe into alleged offences under S. 196, 197 & 353 BNS. The commission must be chaired by a former HC Judge to monitor the SIT investigation.
The petition demands a declaration that the CM violated his constitutional oath of office.
The PIL also prays for intervention by the High Court to dispel the notion that hate speech in Assam doesn’t come with “complete impunity”.
It seeks urgent action to stop CM Sarma from committing further offences under S. 196 (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony), 197(Imputations, assertions prejudicial to national integration) & 353 (Statements conducing to public mischief) BNS.
After hearing the matter, a division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury said, “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.
The Court has now listed the matter for hearing in April.
Earlier this month, the Supreme Court had asked the petitioners who approached the apex court seeking action against Sarma for alleged hate speech to approach the High Court.
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