The Gauhati High Court has set a firm timeline for the Assam government to address a series of Public Interest Litigations (PILs) filed against Chief Minister Himanta Biswa Sarma. During a recent hearing, a division bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury recorded the state’s assurance that a formal response affidavit would be filed positively before the next hearing, scheduled for May 28, 2026.
The legal proceedings involve a batch of petitions accusing the Chief Minister of making inflammatory remarks and engaging in “hate speech.” The petitioners, which include Sahitya Akademi awardee Hiren Gohain, former DGP Harekrishna Deka, and senior journalist Paresh Malakar, argue that the Chief Minister’s statements have the potential to deepen social divisions. Political entities, including the Communist Party of India (CPI) and the CPI(M), have also moved the court, alleging that the remarks incite discrimination and communal disharmony against minority communities.
A central point of contention in the petitions involves allegations that the Chief Minister directed political supporters to file complaints against Bengali-origin Muslims to cause them “harassment and hardship.” The petitioners claim that despite the speeches being widely disseminated and publicly recorded, state authorities have failed to register any suo motu First Information Reports (FIRs). Consequently, they are seeking the formation of a Special Investigation Team (SIT) led by a retired High Court judge to probe the matter.
The Gauhati High Court took up these PILs following a directive from the Supreme Court in February. The apex court had declined to entertain the pleas directly, instead instructing the petitioners to approach the local High Court for an expedited hearing. Earlier, the High Court bench had noted a “fissiparous tendency” regarding the matter and issued notices to the Chief Minister, the Centre, the state government, and the Director General of Police.
As the state prepares its response, the political climate remains charged. Polling for the recent Assembly elections concluded on April 9, and the counting of votes is slated for May 4. The High Court’s insistence on a “positive” filing by May 28 ensures that the legal scrutiny of these high-profile allegations will continue shortly after the new government takes its seat. For now, all eyes are on the state’s upcoming affidavit and whether it will provide a robust defense or further fuel the ongoing legal debate over constitutional conduct and communal harmony.
