Guwahati: Former Supreme Court Justice Madan B Lokur said that action should be taken against Assam Chief Minister Himanta Biswa Sarma for his hate speech against Bengali-speaking Muslims, asserting that the remarks were unconstitutional, incited public disorder, and warranted resignation from office.
In an interview with senior journalist Karan Thapar on The Wire, Justice Lokur described the Assam chief minister’s statements referring to Bengali-speaking Muslims as “Miya” and encouraging people to “trouble them by any means” as “clearly hate speech” and “despicable”.
He said the comments went beyond rhetoric and amounted to incitement that could seriously disrupt law and order.
Justice Lokur was responding to remarks made by Sarma on January 27, in which the chief minister said his government was “against the Miyas”, urged people to harass them economically, and encouraged BJP workers to file complaints to have their names removed from electoral rolls. Sarma had also claimed that four to five lakh Bengali-speaking Muslims should be struck off voter lists.
“There is no way what the chief minister has said can be supported,” Justice Lokur said. “Action should be taken against him.”
He noted that social activist Harsh Mander has already filed a complaint alleging hate speech, and that former Allahabad High Court Chief Justice Govind Mathur has publicly demanded Sarma’s resignation.
Citing one example from Sarma’s speech, Justice Lokur referred to the chief minister’s alleged suggestion that if a rickshaw puller asked for a fare of five rupees, people should pay only four to “trouble” him.
“That is not just hate speech, it is incitement,” he said, adding that such statements could create a serious public order situation and social disharmony.
Justice Lokur stressed that a chief minister is constitutionally bound to protect citizens’ rights and maintain law and order, not provoke harassment against a particular community. “Mr Sarma is doing exactly the opposite. He is provoking a law and order situation,” he said.
On the allegation that Sarma instructed BJP supporters to file mass complaints—known as Form 7 applications—against Bengali-speaking Muslims to get them removed from electoral rolls, Justice Lokur said this amounted to encouraging frivolous or false complaints.
“This is harassment. This is not governance,” he said, adding that the Election Commission can act on genuine cases even without complaints.
Justice Lokur said such actions could attract criminal liability under Section 196 of the Bharatiya Nyaya Sanhita, which deals with incitement and actions likely to disturb public order. He also reminded that the Supreme Court has previously directed police to take suo motu action in cases of hate speech, without waiting for formal complaints.
Responding to Sarma’s defence that Bengali-speaking Muslims call themselves “Miya” and therefore the term is not offensive, Justice Lokur said context was decisive.
“A community may use a term for itself, but when it is used by others in a pejorative manner, the meaning completely changes,” he said, drawing a parallel with racially derogatory terms historically used in other societies.
Justice Lokur also rejected Sarma’s claim that his language was derived from Supreme Court judgments, particularly the 2005 Sarbananda Sonowal case. He clarified that the term “demographic invasion” cited by the chief minister came from a 1998 report by the then Assam governor, quoted by the court, and that neither the governor nor the Supreme Court ever used the word “Miya”. “To attribute this to the Supreme Court is factually incorrect,” he said.
On constitutional violations, Justice Lokur said Sarma’s statements breached Articles 14, 15, and 21 of the Constitution, which guarantee equality before law, prohibit discrimination on grounds of religion, and protect dignity and fraternity.
“You cannot talk about fraternity while asking people to harass or drive out a section of citizens,” he said.
Endorsing Justice Govind Mathur’s call for resignation, Justice Lokur said a chief minister cannot divide people within his own state.
“What the chief minister of Assam has said is unconstitutional and unacceptable. If he believes in what he has said, then he should resign or be asked to resign,” he stated.
Justice Lokur also expressed concern over the silence of Prime Minister Narendra Modi and the BJP leadership on the issue. While noting that he could not speak on their behalf, he said they should have publicly distanced themselves from such remarks. “This silence is distressing in a democracy,” he said, pointing to earlier instances where controversial statements against minorities went unaddressed by party leadership.
Calling on civil society to respond, Justice Lokur urged people 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 said, emphasising that defending constitutional values was the responsibility of all citizens.