Jamiat Ulama-i-Hind Moves Supreme Court Over Assam CM’s Alleged Communal Remarks

Jamiat Ulama-i-Hind has approached the Supreme Court challenging recent public remarks made by Assam Chief Minister Himanta Biswa Sarma, alleging that the statements are communal in nature, unconstitutional, and amount to hate speech by a person holding a high public office.

The application has been filed by Maulana Mahmood Madani, President of Jamiat Ulama-i-Hind, as part of the organisation’s writ petition on hate speech that has been pending before the apex court since 2021.

In its plea, the organisation has urged the Supreme Court to frame strict regulatory guidelines for constitutional functionaries, arguing that public office should not be misused to target or vilify any community.

The petition specifically refers to a statement allegedly made by the Assam Chief Minister on January 27, 2026, in which he reportedly said 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.”

Jamiat Ulama-i-Hind pointed out that the term “Miya” is commonly used in Assam as a derogatory reference to Muslims of Bengali origin. The organisation argued that such remarks, when made by a constitutional authority, cannot be treated as ordinary political speech or protected expression.

According to the petition, these statements amount to a deliberate attempt to stigmatise an entire community, fuel social hostility, and weaken the constitutional values of equality, fraternity, secularism, and human dignity.

“Statements made by those holding constitutional office carry institutional authority and have serious social consequences,” the petition stated, adding that such conduct violates the responsibility, restraint, and dignity expected from constitutional functionaries.

The organisation has asked the Supreme Court to ensure that no individual is allowed to use official authority as a shield to promote communal hatred or target any group. It stressed that clear guidelines are essential to uphold the principle that no one is above the Constitution or the law.

A major concern raised in the petition is the alleged selective and discriminatory enforcement of hate speech laws. Jamiat Ulama-i-Hind claimed that police authorities act swiftly in certain cases, while complaints filed by members of minority communities are often delayed or ignored, resulting in unequal application of the law and violations of Article 14 of the Constitution.

Invoking the Supreme Court’s powers under Article 142, the petitioners have sought binding and enforceable directions to ensure uniform implementation of hate speech laws across the country. The proposed measures include mandatory registration of FIRs in line with the Lalita Kumari judgment, creation of dedicated online portals for complaints, a strict five-day timeline for accepting or rejecting complaints, disciplinary and contempt proceedings against erring officials, and recording non-compliance in the performance reports of responsible officers.

The petition also noted that such statements continue despite repeated suo motu directions by the Supreme Court in recent years calling for prompt action against hate speech. The organisation expressed concern that this reflects a growing misuse of constitutional authority.

Referring to data from the India Hate Lab Report, the submissions highlighted a 74 per cent increase in hate speech incidents in 2024 compared to 2023. Nearly 98 per cent of these incidents reportedly targeted Muslims, either alone or along with Christians. The report also noted an average of three hate speech events per day, many involving explicit calls for violence or destruction of religious places, often broadcast or live-streamed on social media platforms.

The matter has been under consideration for almost four years, during which the Supreme Court has sought detailed suggestions on how to effectively curb hate speech in the country.

Following the Court’s directions issued on January 20, 2026, written submissions were filed on behalf of the petitioners by senior advocate M.R. Shamshad, with Advocate-on-Record Farrukh Rasheed appearing for Jamiat Ulama-i-Hind.

The organisation said the present application is particularly significant as the Supreme Court is currently examining concerns related to hate speech, discriminatory state actions, and the weakening of constitutional safeguards, especially when such conduct originates from those in positions of authority.

The case is expected to be taken up by the Supreme Court in the ongoing proceedings related to hate speech.