The Supreme Court of India has declined to accept several petitions calling for a Special Investigation Team (SIT) inquiry and a First Information Report (FIR) against Assam Chief Minister Himanta Biswa Sarma over his disputed remarks, particularly the use of the term “Miya” regarding a community.

A bench led by Chief Justice of India Surya Kant has advised the petitioners to seek intervention from the respective High Court for a quicker adjudication of their requests. The Court emphasized that the petitioners should utilize the jurisdiction of the High Courts and may return to the Supreme Court if they feel dissatisfied with the relief provided by the High Court.

Background of the Petition

The plea was initiated by Jamiat Ulama-I-Hind, an organization representing Indian Muslims and scholars. The petition alleges that Chief Minister Sarma’s use of the term “Miya” constitutes a derogatory reference to Muslims. Jamiat President Maulana Mahmood Madani stated that comments from high-ranking officials should not be perceived merely as political opinion or free speech, suggesting they instead signify an intentional effort to incite hatred, foster hostility, and stigmatize an entire community.

Controversial Remarks Referenced

The petition specifically cites a speech delivered by Sarma on January 27, 2026. During this address, he reportedly declared that four to five lakh “Miya” voters would be excluded from electoral rolls, asserting that both he and his party were “directly against the Miya community.” The term “Miya” is widely regarded in Assam as a pejorative term for Muslims.

Concerns Raised by the Petitioners

Jamiat has articulated that such statements violate constitutional principles such as equality, fraternity, secularism, and human dignity. The organization asserts that these remarks cannot be defended under the right to free speech. Their concern extends to the continuation of hateful speeches targeting the Muslim community, despite prior directives from the Supreme Court aimed at curbing hate speech.

Call for Regulatory Guidelines

The petition urges the Supreme Court to establish regulatory guidelines for constitutional functionaries, to prevent the misuse of their positions for promoting communal hatred or inciting public animosity against any group. The suggestions in the plea highlight the necessity for accountability from individuals in influential roles, particularly those delivering inflammatory speeches against any community.

Legal Representation

The case has been filed by Advocate Farrukh Rasheed, with written submissions prepared by Senior Advocate MR Shamshad. The recent Supreme Court directive aligns with the call for ensuring that no individual is above constitutional norms and emphasizes the importance of maintaining the rule of law in the context of community relations and public discourse.

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