Jamiat Moves Supreme Court Against Assam CM’s Remarks

New Delhi: Jamiat Ulama-i-Hind has approached the Supreme Court of India against the recent public remarks made by Assam Chief Minister Hemanta Biswa Sarma, describing them as openly communal, deeply divisive, and contrary to the spirit of the Constitution.

The petition has been filed through Maulana Mahmood Madani, President of Jamiat Ulama-i-Hind, who has 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 Jamiat Ulama-i-Hind has said in press release.

The petition refers in particular to a speech delivered by the Assam Chief Minister on 27 January 2026, in which he claimed that four to five lakh “Miya” voters would be removed from the electoral rolls and further stated that he and his party were “directly against the Miya community.” The petition points out that the term “Miya” is widely used in Assam as a derogatory reference to Muslims.

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 stigmatize an entire community. The organization has stated that such remarks seriously damage social harmony and violate the dignity and responsibility attached to constitutional office.

The petition further requests the Supreme Court to lay down a 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 petition, 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 has also been 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. Jamiat Ulama-i-Hind has expressed concern that such speeches continue despite repeated suo motu directions issued by the Supreme Court to curb hate speech.

The present application has been filed as part of the already pending Writ Petition (Civil) No. 1265 of 2021, in which Jamiat Ulama-i-Hind has approached the Supreme Court against hate speech and related issues. After nearly four years of hearings, the Court has reserved its judgment in that case and has sought specific suggestions on behalf of Jamiat from Senior Advocate M. R. Shamshad and Advocate-on-Record Farrukh Rashid on effective steps needed to curb hate speech in the country.

In this backdrop, Jamiat Ulama-i-Hind has said that the present petition carries particular importance, as the Supreme Court is currently examining the growing problem of hate speech, the misuse of constitutional authority, and discriminatory practices by law-enforcement agencies.

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