New Delhi [India], February 16 (HBTV): The Supreme Court has refused to entertain petitions seeking a Special Investigation Team (SIT) probe and registration of an FIR against Assam Chief Minister Himanta Biswa Sarma over his alleged discriminatory ‘Miya’ remark and other material alleged to be hate speech posted on social media.
A bench led by Chief Justice of India Surya Kant asked the petitioners to approach the jurisdictional High Court for relief and directed that an expeditious hearing be granted. The Court observed that the powers of the High Courts should not be undermined and clarified that the petitioners may approach the apex court if they remain dissatisfied with the relief granted by the High Court.
‘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 petitioners 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 Court noted.
Earlier, Jamiat Ulama-i-Hind, an organisation of Indian Muslims and Muslim scholars, filed a plea in the Supreme Court against remarks allegedly made by the Assam Chief Minister, where he used the term ‘Miya’ in reference to Muslims.
The plea, moved by Jamiat president Maulana Mahmood Madani, stated that the term ‘Miya’ is a derogatory reference to Muslims and that when such a reference is made by a person holding a high constitutional office, it cannot be dismissed as political rhetoric or 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 stated.
The petition requested the Supreme Court to lay down regulatory guidelines for constitutional functionaries to ensure that no one takes shelter behind their position to promote communal hatred, incite public animosity or vilify any group.
The plea referred to a speech allegedly delivered by the Chief Minister on January 27, 2026, in which he stated that four to five lakh ‘Miya’ voters would be removed from the electoral rolls and declared that he and his party were ‘directly against the Miya community.’ It noted that the term ‘Miya’ is commonly used in Assam as a derogatory reference to Muslims.
Jamiat further submitted that such statements violate constitutional values of equality, fraternity, secularism and human dignity, and argued that there is no merit in seeking protection for such remarks under the right to freedom of speech. It also expressed concern that such speeches have continued despite repeated suo motu directions issued by the Supreme Court to curb hate speech.
The plea sought the formation of guidelines to ensure that no individual is above constitutional norms.
‘Considering the recent speech delivered on January 27, 2026 in Assam by a person holding a constitutional position, 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 or demonising 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 effort to ensure that nobody is above the constitutional norms shall ensure the basics of Rule of law,’ the plea stated.
The case was filed through Advocate Farrukh Rasheed, and written submissions were drawn by Senior Advocate MR Shamshad.
(ANI)