Jamiat Ulama-i-Hind has petitioned the Supreme Court of India, contesting remarks by Assam Chief Minister Himanta Biswa Sarma, which they label as communal, divisive, and inconsistent with the Constitution’s principles. The petition, filed by Maulana Mahmood Madani, president of Jamiat Ulama-i-Hind, calls for the formation of strict guidelines for officials in constitutional positions to prevent the misuse of public office for spreading hatred against any community. It references a speech from January 27, 2026, where Sarma suggested removing a significant number of so-called “Miya” voters from electoral rolls and expressed opposition towards the Miya community. This term is considered derogatory towards Muslims in Assam. Jamiat Ulama-i-Hind emphasizes that such comments cannot be brushed off as mere political discourse but represent an intentional effort to incite hatred and stigmatize an entire group, undermining social cohesion and the dignity tied to constitutional roles.
The petition advocates for regulatory guidelines that ensure no person can exploit their constitutional position to promote communal hatred or vilify any community, thereby reinforcing the notion that no individual is above constitutional law. It argues that such remarks violate fundamental constitutional values like equality, fraternity, secularism, and human dignity and should not receive protection afforded by free speech rights. Concerns have been raised regarding the persistence of such speeches despite the Supreme Court’s previous directives aiming to combat hate speech. This current petition is filed in the context of an ongoing Writ Petition (Civil) No. 1265 of 2021, where Jamiat Ulama-i-Hind has already challenged issues related to hate speech. The Supreme Court has reserved judgment in this case after extensive hearings and solicited recommendations from Senior Advocate MR Shamshad and Advocate-on-Record Farrukh Rashid regarding effective measures to curb hate speech in India. Thus, the present petition underscores the significance of addressing the worsening hate speech problem, the misuse of constitutional authority, and discrimination by law enforcement agencies.