The plea urges the court to frame strict, enforceable guidelines for constitutional functionaries to prevent the spread of hatred under the cover of public office
NEW DELHI – Jamiat Ulama-i-Hind (Mahmood Madani faction) has moved the Supreme Court seeking action against Assam Chief Minister Himanta Biswa Sarma over his “openly communal and deeply divisive” remarks targeting Bengali-speaking Muslims.
In a petition filed by Jamiat president Maulana Mahmood Madani, the organisation said the chief minister’s statements violate the Constitution and misuse constitutional office to stigmatise a community. The plea urges the court to frame strict, enforceable guidelines for constitutional functionaries to prevent the spread of hatred under the cover of public office.
The petition specifically cites Sarma’s speech of 27 January 2026, in which he claimed that four to five lakh “Miya” voters would be removed from electoral rolls and declared that he and his party were “directly against the Miya community.” The term “Miya,” the petition notes, is widely used in Assam as a derogatory reference to Muslims.
Jamiat argued that such statements cannot be defended as political rhetoric or free speech, particularly when made by a constitutional authority. Instead, it said, they amount to deliberate hate speech, fuel hostility, damage social harmony, and undermine the dignity and responsibility of public office.
The organisation also sought judicial safeguards to ensure no constitutional functionary can take shelter behind their position to promote communal hatred, incite animosity, or vilify any group, stressing that no one is above the Constitution or the law.
The plea contends that remarks of this nature strike at the core constitutional values of equality, fraternity, secularism, and human dignity, and therefore do not enjoy protection under freedom of speech. Jamiat expressed concern that such speeches continue despite repeated suo motu directions by the Supreme Court to curb hate speech.
The application has been filed within the ambit of Writ Petition (Civil) No. 1265 of 2021, pending before the apex court on hate speech. After nearly four years of hearings, the court has reserved its judgment and sought specific suggestions from Senior Advocate MR Shamshad and Advocate-on-Record Farrukh Rashid on effective measures to curb hate speech.
Jamiat said the present petition assumes added significance as the Supreme Court is currently examining the growing menace of hate speech, the misuse of constitutional authority, and discriminatory practices by law-enforcement agencies.
Separately, former civil servant and activist Harsh Mander has also filed an FIR in New Delhi under the Bharatiya Nyaya Sanhita (BNS) against the Assam chief minister.
