New Delhi: The Jamiat Ulama-i-Hind has moved the Supreme Court against some recent public remarks made by Assam CM Himanta Biswa Sarma, terming them “communal, deeply divisive, and contrary to the spirit of the Constitution”.
The plea filed by Maulana Mahmood Madani, President, Jamiat Ulama-i-Hind, through senior advocate M R Shamshad, urged the court to frame strict and enforceable guidelines for persons holding constitutional positions, so that public offices are not misused to spread hatred or target any community.
The application has been filed in a pending petition of Jamiat in which an order was reserved by the apex court on January 20.
The Jamiat Ulama-i-Hind has submitted that such statements, especially when made by a person occupying a high constitutional office, 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,” it said, adding that such remarks “seriously damage social harmony” and “violate the dignity and responsibility attached to a constitutional office”.
The application also requested the top court to lay down regulatory guidelines for constitutional functionaries, ensuring that no one is allowed to take shelter behind their position to promote communal hatred, incite public animosity, or vilify any group.
According to the plea, such guidelines are essential to reinforce the fundamental principle that no individual is above the Constitution or the law, which lies at the heart of the rule of law.
It also submitted that statements of this nature directly undermine the constitutional values of equality, fraternity, secularism and human dignity, and therefore cannot enjoy protection under the right to freedom of speech.
Harass ‘miyas’, Assam Police will protect you: Himanta
On January 27, while interacting with reporters, Assam Chief Minister and Bharatiya Janata Party (BJP) leader Himanta Biswa Sarma openly acknowledged encouraging party workers to file complaints against “Miyas,” saying the actions were meant to “trouble” them and send a message that “Assamese people are still living.”
“Whoever can give trouble in any way should give, including you. In a rickshaw, if the fare is Rs 5, give them Rs 4. Only if they face troubles will they leave Assam… These are not issues. Himanta Biswa Sarma and the BJP are directly against Miyas,” he had said.
“Earlier, people were scared; now I myself am encouraging people to keep giving troubles. You should not do news that sympathises with them,” he added.
He said that during the ongoing Election Commission of India’s (ECI) Special Intensive Revision (SIR), around 4 to 5 lakh “Miya” voters would be removed from the electoral rolls.
“Vote chori means we are trying to steal some ‘Miya’ votes. They should ideally not be allowed to vote in Assam, but in Bangladesh,” the Chief Minister had said.
On January 29, he blatantly called Congress leader and MP Gaurav Gogoi and his wife Elizabeth Colebourn Gogoi “Pakistani agents.”
“If you have the guts, go register a case against me,” he challenged the young leader.
(With PTI inputs)
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