The Leaders from the Communist Party of India (Marxist) and the Communist Party of India have approached the Supreme Court seeking judicial action against Assam Chief Minister Himanta Biswa Sarma over statements and visual content that they allege amount to hate speech and incitement against a religious community.
The petitions were mentioned before Chief Justice of India Surya Kant, urging the Court to intervene after repeated complaints to law-enforcement authorities allegedly failed to result in the registration of any criminal cases. The petitioners have invoked Article 32 of the Constitution, contending that the continued inaction of the authorities necessitates the Supreme Court’s direct oversight to protect constitutional values.
Central to the challenge is a video circulated on social media by the Assam unit of the Bharatiya Janata Party, which was later deleted. The video depicts the Chief Minister in a dramatized sequence appearing to fire a rifle at figures symbolically representing members of a particular community. According to the petitioners, the imagery, when viewed alongside accompanying captions, promotes hostility and legitimises violence, especially given the Chief Minister’s position as a constitutional authority.
Beyond the disputed video, the petitions also refer to a series of public speeches and remarks attributed to Sarma, which the Communist leaders argue reflect a consistent pattern of divisive rhetoric. They claim such statements undermine India’s constitutional commitment to secularism, equality before the law, and communal harmony, particularly in a politically sensitive environment.
During the brief hearing, the Chief Justice observed that political disputes increasingly find their way to constitutional courts, remarking that elections are often “fought in the Supreme Court.” While the Court did not issue immediate directions, it indicated that the matter would be examined for appropriate listing.
The pleas seek directions for the registration of First Information Reports against the Chief Minister under relevant penal provisions dealing with hate speech and incitement, as well as the constitution of an independent investigative mechanism to ensure impartial inquiry. The petitioners argue that ordinary investigative processes may be compromised given the Chief Minister’s executive authority over the state administration.
The controversy has triggered wider political and legal responses across the country. Opposition leaders and civil society groups have raised concerns about the impact of such messaging on social cohesion, while complaints have also been filed in other jurisdictions seeking criminal action against the Chief Minister. The issue has sparked debate on the boundaries of political speech and the responsibilities that accompany public office.
In response, Sarma has publicly rejected the allegations, asserting that his remarks and actions have been misinterpreted. He has stated that he remains firm on his political positions and has expressed willingness to face legal consequences if his conduct is found to be unlawful.
The Supreme Court’s eventual consideration of the matter is expected to revisit long-standing questions surrounding hate speech, freedom of expression, and the heightened accountability of elected representatives. The case assumes added significance at a time when digital platforms amplify political messaging and public discourse remains deeply polarised.
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