GUWAHATI: Yet another blow to the Pro-Miya lobby and political parties in the Supreme Court. The Supreme Court on Monday declined to entertain a batch of petitions seeking the registration of a First Information Report (FIR) against Assam Chief Minister Himanta Biswa Sarma over his alleged hate speech targeting Miya (Bangladeshi origin Muslims mostly residing illegally in Assam). The apex court instead directed the petitioners to approach the Gauhati High Court and asked that the matter be heard on priority.
A bench led by Chief Justice Surya Kant stated that constitutional High Courts are fully empowered to deal with such grievances and cautioned against attempts to bypass them. The court also rejected a plea to transfer the case to another High Court, remarking that litigants should avoid what it described as “convenience forum shopping”.
The CJI said, “Wherever the elections come, this Court becomes a political battleground.” He also said “Don’t undermine the authority of the High Courts, It has become a trend now that every matter lands up in the Supreme Court. Don’t demoralise the High Court judges” .
Emphasising the role of High Courts in the justice delivery system, the bench observed that they are constitutional institutions designed to ensure access to justice. The court underlined the need to respect the sanctity and authority of these courts while pursuing legal remedies.
The petitions were filed by the Communist Party of India (Marxist) and Annie Raja, a leader of the Communist Party of India. The petitioners cited multiple public statements allegedly made by CM Sarma in recent weeks that they claimed amounted to hate speech against Miya-Muslims, particularly Bangladeshi-origin Muslims in Assam.
Among the materials placed before the court was a reference to a now-deleted social media post by the Bharatiya Janata Party’s Assam unit. The post reportedly included a video clip in which CM Sarma was shown symbolically firing at images of two Muslim men at close range. The petitioners argued that such content could incite communal disharmony and warranted legal action.
Over the past months, the Assam Chief Minister has made remarks referring to the Bangladeshi origin Miya”, a term that has been used as a subject of political and social debate in the state by the Pro-Miya political parties like Congress and Left. After a series of eviction drives against Miya encroachers, CM Sarma boldly said that “it is his responsibility to make them suffer”. Last week the Supreme Court also observed that the eviction drives carried out by the Assam government in forest areas are as per law and valid to protect the environment and bio diversity.
With the Supreme Court declining to intervene at this stage, the matter is now expected to be taken up before the Gauhati High Court for further proceedings.
