The Supreme Court of India on Monday declined to entertain a batch of petitions seeking the constitution of a Special Investigation Team (SIT) and registration of an FIR against Assam Chief Minister Himanta Biswa Sarma over his alleged discriminatory remarks, including the use of the term “Miya” in reference to a community along with other material alleged to have been ‘hate speech’, posted on social media.
A Bench headed by Chief Justice of India (CJI) Surya Kant directed the petitioners to move the jurisdictional High Court, emphasising that the apex court should not be approached in the first instance in such matters. The Court also requested the Chief Justice of the concerned High Court to ensure an expeditious hearing of the case.
“Various directions against officials are sought… In our considered view, all these issues need to be effectively adjudicated by the jurisdictional High Court. Consequently, without expressing any opinion, the petitioner are at liberty to approach the jurisdictional High Court. Since the pertinent authorities have urged the court that the matter requires urgent attention, we request the Chief Justice of the jurisdictional High Court to afford expeditious hearing,” the Bench observed.
The Court further told the petitioners not to undermine the authority of the High Courts, adding that they would be at liberty to approach the Supreme Court again if dissatisfied with the outcome of proceedings before the High Court.
Earlier, Jamiat Ulama-i-Hind, an organisation representing Indian Muslims and Muslim scholars, had approached the Supreme Court challenging remarks made by the Assam Chief Minister.
The petition filed by Maulana Mahmood Madani contends that the word “Miya” is used as a derogatory expression for Muslims and argues that when such a term is employed by someone holding a high constitutional office, it cannot be trivialised as mere political rhetoric or defended under the guise of free speech.
“Instead, they amount to a deliberate attempt to spread hatred, create hostility, and stigmatise an entire community”, a press release by the organisation reads.
Seeking the formulation of regulatory guidelines for constitutional functionaries, the petition states that no public office-holder should be allowed to use their position to promote communal hatred, incite animosity or vilify any group.
The petition specifically cites a speech delivered on January 27, 2026, by Himanta Biswa Sarma, in which he allegedly said that four to five lakh “Miya” voters would be struck off the electoral rolls and asserted that he and his party were “directly against the Miya community.” The petition further states that the term “Miya” is widely regarded in Assam as a derogatory expression for Muslims.
Jamiat has further argued that remarks of this kind are in direct contravention of the constitutional principles of equality, fraternity, secularism, and human dignity. It maintains that such statements cannot legitimately claim protection under the fundamental right to freedom of speech.
The organisation has also voiced concern that speeches targeting the Muslim community have persisted despite repeated suo motu directions issued by the Supreme Court of India aimed at curbing hate speech.
“Considering the recent speech delivered on January 27, 2026 in Assam by a person a constitutional position (as stated above), this Hon’ble Court must consider some regulatory guidelines to keep a check on persons holding constitutional positions, delivering speeches which are communal in nature targeting/vilifying/ demonizing communities by giving speech which in a given context of the speaker ‘primarily carries no other meaning other than hatred, hostility and ill will.’ This collective to ensure that nobody is above the constitutional norms shall ensure the basics of Rule of law,” the plea reads.
The matter was filed through Advocate Farrukh Rasheed, with written submissions drawn by Senior Advocate MR Shamshad.
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