Ballots To Benches: Supreme Court Takes Up Plea Over Himanta Biswa Sarma’s ‘Miyan’ Remark
(By Syed Ali Taher Abedi)
Delhi,10, February,2026-In a significant move underscoring the intersection of law and politics, the Communist Party of India (Marxist) [CPI(M)] and the Communist Party of India [CPI] have jointly approached the Supreme Court of India seeking judicial intervention against Assam Chief Minister Himanta Biswa Sarma.
The petition challenges a series of remarks allegedly targeting a particular religious community, contending that such speech constitutes not merely political rhetoric but an aggravated constitutional wrong.
Advocate Nizam Pasha mentioned the matter before Chief Justice of India Surya Kant, pressing for urgent listing.
The Chief Justice, however, observed with candor that “as and when elections are nearby, political battles are fought in the Supreme Court—that is the problem,” while assuring that the Court would examine the issue and fix a date.
The plea asserts that hate speech directed at religious communities violates the constitutional oath of office, which binds the Chief Minister to uphold sovereignty, integrity, fraternity, and equality. Petitioners argue that this conduct erodes the foundational principles of the Republic.
Jamiat-e Ulama-i-Hind, supporting the petition, emphasized that there exists a broader pattern of public discourse wherein dominant voices brand sections of citizens—predominantly Muslims—with pejorative labels such as Jihadis, Ghuspaithya, anti-Nationals, Mullahs, Gaddar, Atankis, Sleeper cells, stone pelters, Mian, and Katua.
These terms, they contend, are not part of neutral academic debate but weaponized rhetoric requiring judicial scrutiny.
The controversy deepened after a video posted on X by the official BJP Assam handle depicted the Chief Minister in a staged act of shooting individuals who appeared to belong to the Muslim community.
The petition filed through AoR Lzafeer Ahmed B F and represented by Mohaammad Nizamuddin Pasha
Following widespread backlash, the video was removed. Petitioners have also sought judicial examination of Sarma’s previous speeches, submitting a detailed chronology from 2021 to 2026 to demonstrate a sustained pattern of conduct.
At stake, the petitioners argue, is not merely political accountability but constitutional fidelity.
Another petition, filed by CPI(M) through Advocates-on-Record Priyansha Sharma, with counsels Rashmi Singh, Aman Sharma, and Shubhan Gogoi.
The matter now awaits the Supreme Court’s determination, which will test the judiciary’s role in policing the boundaries of political speech and safeguarding the constitutional promise of fraternity and equality.

