Supreme Court on pleas against Assam CM Himanta Biswa Sarma: Problem is often elections are fought only in court

New Delhi: The Supreme Court on Tuesday verbally remarked that often political battles, at the time of elections, are fought in courts.

The observation fell from a three-member bench headed by Chief Justice of India Surya Kant during the hearing of two petitions accusing Assam CM Himanta Biswa Sarma of indulging in hate speech.

Quoting the recent controversial speeches made by Sarma, petitioners urged the apex court to issue directions to restrain persons holding constitutional posts from making divisive comments.


Counsel for the petitioners argued that there is a video showing Assam CM taking a shot at the minorities. "The problem is when elections come, it is often fought here in the Supreme Court only. We will see," CJI Kant verbally remarked.

The petitions before the court by Communist Party of India (Marxist) and communist leader Annie Raja have objected to a public speech delivered by Sarma on January 27 as well as a video shared on Assam BJP's X handle depicting Sarma aiming a firearm towards an animated image of two visibly Muslim men.

In his speech, Sarma reportedly stated at a public gathering that "four to five lakh Miya voters" would be removed from the electoral rolls and that "Himanta Biswa Sarma and BJP are directly against Miyas".

One of the petitioners, Jamiat Ulema-i-Hind argued that "the harm caused by hate speech...runs directly counter to the constitutional guarantees assured to all citizens". It added such terms at first glance may appear to have been used in general parlance, but the courts are required to analyse them in the context in which they have been used.