Gauhati HC issues notice to Himanta Biswa Sarma over hate speech PILs

The Gauhati High Court on Thursday issued notice to Assam chief minister Himanta Biswa Sarma in connection with multiple PILs (public interest litigation) accusing him of hate speech — amid mounting controversy over recent remarks targeting Muslims and a viral AI-generated video depicting him taking aim at members of the community.

Notices were also issued to the Assam government and the director-general of police in relation to three petitions heard by a division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury. The court has fixed 21 April as the next date of hearing.

The petitions — filed separately by Sahitya Akademi awardee Hiren Gohain, former DGP Harekrishna Deka, senior journalist Paresh Malakar, as well as the CPI and CPI(M) — argue that Sarma’s recent statements and messaging risk deepening communal divisions. They also come after the Supreme Court declined to entertain similar pleas on 16 February and asked petitioners to approach the high court.

At the centre of the legal challenge is not just Sarma’s rhetoric but a series of recent actions and public interventions that critics say amount to systematic targeting of Bengali-origin Muslims, often pejoratively referred to in Assam as 'Miyas'.

One of the most controversial flashpoints was a now-deleted AI-generated video shared by the Assam BJP in February, titled 'Point Blank Shot', which showed Sarma appearing to fire at Muslim figures. The 17-second clip circulated widely on social media before being taken down following public backlash and complaints from Opposition leaders.

Petitioners have cited the video as an example of symbolic incitement that goes beyond speech into visual messaging normalising hostility towards a minority community. Alongside this, the PILs point to Sarma’s public exhortation urging people to economically harass Muslims.

Speaking to reporters in January, Sarma had openly encouraged citizens to “give the Miya trouble”, saying: “If you take a rickshaw and the fare is Rs 5, pay Rs 4.” He suggested that such everyday acts of hardship would force members of the community to leave the state.

Reports at the time noted he had also told supporters that “only if they suffer will they leave Assam”, framing the strategy as necessary political action.

Petitioners argue that these remarks effectively amount to a call for social and economic boycott. They further allege that Sarma admitted to directing party workers to file complaints against Bengali-origin Muslims in order to create “harassment and hardship”.

“The Respondent No. 3 (Sarma)… openly admitted to having directed members of his political party to deliberately file complaints against Bengali-origin Muslims… with the express object of causing them harassment,” one plea states.

The petitions contend that:

• Sarma has used derogatory language against Muslims

• Encouraged discriminatory behaviour

• Released speeches and videos capable of inciting civilians

They accuse him of violating his constitutional oath by engaging in “blatant hate speech” and fostering a climate where ordinary citizens are encouraged to act against a minority community.

The PILs seek:

• A direction restraining Sarma and associates from further hate speech

• A special investigation team probe led by a retired high court judge

• Appropriate legal action

They also argue that despite “widely disseminated and publicly recorded” remarks, no suo motu FIR has been registered by state authorities. Such inaction, the petitioners claim, risks creating impunity — particularly when the alleged conduct involves the state’s highest elected office.

With PTI inputs