SC refuses SIT probe against Assam CM, directs plea to High Court

The Supreme Court refused to hear petitions seeking an SIT probe and FIR against Assam CM Himanta Biswa Sarma for his 'Miya' remark. A CJI-led bench directed petitioners to approach the jurisdictional High Court for an expeditious hearing.

The Supreme Court has refused to entertain various petitions seeking action by way of a Special Investigation Team (SIT) probe and an FIR against Assam Chief Minister Himanta Biswa Sarma over his alleged discriminatory remarks, particularly the "Miya" remark in reference to a community and other material alleged to have been 'hate speech' posted on social media.

A bench led by the Chief Justice of India (CJI) Surya Kant has asked the jurisdictional High Court to afford an expeditious hearing to the petitioners. The Court asked the petitioners not to undermine the powers of the High Courts and that the petitioners may approach the apex court once they are unsatisfied with the relief granted to them by the High Courts in their petition. "Various directions against officials are sought... In our considered view, all these issues need to be effectively adjudicated by the jurisdictional High Court. Consequently, without expressing any opinion, the petitioner are at liberty to approach the jurisdictional High Court. Since the pertinent authorities have urged the court that the matter requires urgent attention, we request the Chief Justice of the jurisdictional High Court to afford expeditious hearing," the Court noted.

Jamiat Ulama-I-Hind Files Plea

Earlier, Jamiat Ulama-I-Hind, an organisation of Indian Muslims and Muslim scholars, filed a plea in the Supreme Court against the recent remarks made by the Chief Minister of Assam, Himanta Biswa Sarma, where the BJP leader allegedly used the term 'Miya' to describe Muslims.

The plea moved by Jamiat President Maulana Mahmood Madani states that the term 'Miya' is a derogatory reference to Muslims, and when such a reference is made by a person occupying a high-constitutional office, it 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", a press release by the organisation reads.

The petition specifically refers to a speech delivered by the Assam Chief Minister on January 27, 2026, in which he allegedly stated that four to five lakh "Miya" voters would be removed from the electoral rolls and declared that he and his party were "directly against the Miya community." The petition notes that the term "Miya" is commonly used in Assam as a derogatory reference to Muslims.

Petition Seeks Regulatory Guidelines

Jamiat has further submitted that statements of this nature directly violate constitutional values of equality, fraternity, secularism, and human dignity. Thus, there is no merit in seeking protection of such remarks under the right to freedom of speech, it has added.

It has also expressed concern that such speeches (against the Muslim community) have continued despite repeated suo motu directions issued by the Supreme Court to curb hate speech. Thus, the plea seeks that guidelines should be formed to ensure that nobody is above the constitutional norms. "Considering the recent speech delivered on January 27, 2026 in Assam by a person a constitutional position (as stated above), this Hon'ble Court must consider some regulatory guidelines to keep a check on persons holding constitutional positions, delivering speeches which are communal in nature targeting/vilifying/ demonizing communities by giving speech which in a given context of the speaker "primarily carries no other meaning other than hatred, hostility and ill will. This collective to ensure that nobody is above the constitutional norms shall ensure the basics of Rule of law", the plea reads.

The case was filed through Advocate Farrukh Rasheed, and written submissions in the plea have been drawn by Senior Advocate MR Shamshad. (ANI)

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