CPI(M) Files PIL in SC Against Assam CM Himanta Biswa Sarma’s Speeches & Viral Video – Comrade Subhashini Ali Explains to The Mooknayak Why This Is Urgent

New Delhi- The Communist Party of India (Marxist) has filed a detailed public interest litigation (PIL) in the Supreme Court under Article 32 of the Constitution, seeking urgent intervention against Assam Chief Minister Himanta Biswa Sarma for what the petition describes as a persistent pattern of hate speech, incitement to social and economic boycott, and calls that create conditions for violence against the Muslim community, particularly Bengali-origin Muslims referred to as “Miyas”.

The petition names the Union of India, Government of Assam, BJP Assam Pradesh, and Himanta Biswa Sarma as respondents. It highlights that since assuming office as the 15th Chief Minister of Assam on 10 May 2021, Sarma has repeatedly made public statements, disseminated widely through print, electronic, and digital media that stigmatise, demean, and target an entire minority community.

CPI-M senior leader Subhashini Ali, the authorised signatory and petitioner on behalf of CPI(M), told The Mooknayak, “We have approached the Supreme Court because there is a sustained and escalating campaign of hate speech against Muslims in Assam, especially Bengali-speaking Muslims labelled as ‘Miyas’.

Chief Minister Himanta Biswa Sarma has used his position to propagate false stereotypes, call for social and economic ostracism, and even symbolically endorse violence. The most shocking recent example is the video posted on 7 February 2026 from the official X handle of BJP Assam Pradesh (@BJP4Assam). In this AI-generated clip, the Chief Minister is shown firing a firearm at animated images of two visibly Muslim men placed in the crosshairs. Gunshots hit them repeatedly, overlaid with phrases like ‘Point Blank Shot’ and ‘No Mercy’. The final frames show him in cowboy attire with slogans: ‘Foreigner-free Assam’, ‘Community, land, roots first’, ‘Why did you go to Pakistan’, and ‘No forgiveness for Bangladeshis’. After massive backlash the video was removed from the official handle, but it continues to circulate widely on other platforms. This is not satire; it is a direct symbolic call to violence and exclusion coming from the state’s highest executive authority.”

She continued: “This is a blatant violation of the constitutional oath he took under the Constitution (Sixteenth Amendment) Act, 1963, which requires ministers to uphold the sovereignty and integrity of India. Speeches that foment communal hatred strike at the root of constitutional trust. The Supreme Court in cases like Manoj Narula v. Union of India (2014) has held that misuse of public office for extraneous purposes is antithetical to democratic governance.”

The petition lists several representative instances that demonstrate the pattern:

1. June 2023: Responding to Barack Obama’s remarks on minorities in India, Sarma said on social media: “There are many Hussain Obamas in India itself. We should prioritise taking care of them before going to Washington.”

2. July 2023: Blaming high vegetable prices in Guwahati on “Miya” vendors, he stated: “Miya vendors here are charging high prices… If we had Assamese vendors, they wouldn’t take so much… I will empty flyovers and footpaths—let Assamese people come out.” He claimed 80% of bus drivers and 70% of Ola-Uber drivers in Guwahati are Muslim.

3. October 2023: Declared that BJP would not seek “Miya” votes for ten years until the community “reforms” by abandoning family planning violations, child marriage, and “fundamentalism”.

4. October 2023 (Chhattisgarh campaign): Invoked “love jihad”, religious conversion, and targeted Congress leader Mohammad Akbar with remarks like: “If one Akbar comes, he summons a hundred Akbars… Send that Akbar away… This country is a Hindu country and will remain a Hindu country.”

Most disturbingly, the PIL quotes direct calls for boycott:

“My idea is to create an atmosphere in which they cannot stay in Assam. Don’t give them land, don’t give them vehicles, don’t give them rickshaws, don’t give them thelas. Then the Bangladeshis will leave themselves… When the Assamese people do non-cooperation and civil disobedience, they will go away by themselves.”

And another: “Whoever can give trouble in any way should give… In a rickshaw, if the fare is Rs 5, give them Rs 4. Only if they face troubles will they leave Assam… We are directly against Miyas. We are saying it openly… Keep giving troubles.”

Subhashini Ali explained the real-world fallout, “These are not abstract statements. Reports show poor rickshaw pullers and daily-wage workers from the community being short-changed, confronted, and told to leave neighbourhoods on the pretext that they are ‘Bangladeshi Muslims’. People are openly justifying it by saying ‘our Chief Minister has instructed this’. This is the direct, foreseeable consequence of a sitting Chief Minister normalising discrimination and exclusion.”

The petition argues that such conduct attracts criminal liability under Sections 196, 197, 299, 353 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to erstwhile IPC Sections 153A, 153B, 295A, 505) and Section 125 of the Representation of the People Act, 1951. It recalls the Supreme Court’s directions in the ongoing hate speech batch (Writ Petition (Civil) No. 24/2022 – Qurban Ali and connected matters), where the Court mandated suo motu registration of FIRs in hate speech cases and warned of contempt proceedings for inaction. Yet, despite multiple complaints filed across states, no FIR has reportedly been registered against the Chief Minister, reflecting systemic impunity.

Subhashini says, “The police inaction is not isolated, it is because the alleged offender is the head of the state executive and a senior leader of the ruling party at the Centre. Fair and impartial investigation is virtually impossible in these circumstances. This violates Articles 14, 15, 19, and 21 of the Constitution and undermines the basic structure, secularism, fraternity, equality, and rule of law.”

“We are praying to the Supreme Court to: (a) direct registration of FIRs under relevant sections of BNS and other laws; (b) constitute an independent Special Investigation Team (SIT) for credible probe; (c) transfer any existing or future FIRs related to these offences to the SIT; (d) pass any other orders necessary in the interest of justice.

This PIL is not only about protecting Muslims in Assam, it is about defending the constitutional values of fraternity, secularism, and equal protection for every citizen. We hope the Court will intervene swiftly, as it has repeatedly expressed deep concern over the growing climate of hate in the country and the duty to preserve India’s secular democratic character", She concluded.