Former Supreme Court Justice Madan B Lokur has called for action against Assam Chief Minister Himanta Biswa Sarma, citing his hate speech directed at Bengali-speaking Muslims as unconstitutional and a catalyst for public disorder. In an interview with senior journalist Karan Thapar on The Wire, Justice Lokur condemned Sarma’s use of the term “Miya” and his incitement to “trouble them by any means” as “clearly hate speech” and “despicable.”
Justice Lokur emphasized that Sarma’s remarks went beyond mere rhetoric, constituting incitement that threatens to disrupt societal order. His comments came in response to Sarma’s statements on January 27, where the chief minister declared his government was “against the Miyas,” urged people to economically harass them, and encouraged BJP workers to file complaints to remove Bengali-speaking Muslims from electoral rolls. Sarma even claimed that four to five lakh of these individuals should be struck off voter lists.
“There is no way what the chief minister has said can be supported,” Justice Lokur stated, insisting that action must be taken against him. He highlighted that social activist Harsh Mander has already filed a complaint alleging hate speech, while former Allahabad High Court Chief Justice Govind Mathur has openly demanded Sarma’s resignation.
One particularly concerning remark from Sarma involved suggesting that if a rickshaw puller asked for a fare of five rupees, people should pay only four to “trouble” him. Justice Lokur noted, “That is not just hate speech, it is incitement,” warning that such rhetoric could create a serious public disorder.
The former justice stressed that a chief minister’s constitutional duty is to protect citizens’ rights and maintain order, not to instigate harassment against specific communities. He criticized Sarma for provoking disorder, stating, “Mr Sarma is doing exactly the opposite.”
On the claim that Sarma instructed BJP supporters to file mass complaints against Bengali-speaking Muslims, Justice Lokur argued this encourages frivolous or false allegations. He asserted, “This is harassment. This is not governance,” adding that the Election Commission can act upon genuine cases without requiring formal complaints.
He indicated that Sarma’s actions could attract criminal liability under Section 196 of the Bharatiya Nyaya Sanhita, which addresses incitement and actions likely to disturb public order. Justice Lokur also highlighted the Supreme Court’s previous directives for police to take action on hate speech allegations without waiting for formal complaints.
In defending Sarma’s usage of the term “Miya,” which Bengali-speaking Muslims reportedly use themselves, Justice Lokur stressed that context matters. He remarked, “A community may use a term for itself, but when it is used by others in a pejorative manner, the meaning completely changes,” drawing parallels with racially derogatory terms.
Justice Lokur refuted Sarma’s assertion that his language stemmed from Supreme Court judgments, specifically referring to the 2005 Sarbananda Sonowal case. He clarified that the term “demographic invasion” cited by Sarma originated from a 1998 report by the then Assam governor, which the court referenced; neither the governor nor the Supreme Court used the term “Miya.” He declared, “To attribute this to the Supreme Court is factually incorrect.”
Regarding constitutional violations, Justice Lokur noted that Sarma’s statements violate Articles 14, 15, and 21 of the Constitution, which ensure equality before the law and prohibit discrimination based on religion.
“You cannot talk about fraternity while asking people to harass or drive out a section of citizens,” he asserted, endorsing Justice Govind Mathur’s call for Sarma’s resignation. He maintained a chief minister should not divide people within their state, stating, “What the chief minister of Assam has said is unconstitutional and unacceptable.”
Justice Lokur expressed concern about the silence from Prime Minister Narendra Modi and BJP leadership on this matter, indicating they should have distanced themselves from such remarks. He described their silence as “distressing in a democracy” and pointed to previous instances where similar controversial statements against minorities went unaddressed.
Calling on civil society to take a stand, Justice Lokur urged citizens across the country to speak out. “If everyone remains silent, this will keep happening again and again. The bell tolls for everyone in the country,” he emphasized, underscoring that it is the responsibility of all citizens to defend constitutional values.
Original Source: https://nenow.in/north-east-news/assam/action-should-be-taken-against-assam-cm-himanta-biswa-sarma-for-hate-speech-ex-sc-judge-madan-lokur.html
Category: Assam,Northeast News,Top News
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Publish Date: 2026-01-31 20:58:00
