Not a ‘Playground’ for Politics: Supreme Court Slams CPI Leader In Himanta Sarma Miya Remark Plea

The Supreme Court today refused a petition filed by CPI leader Annie Raja seeking action against the alleged hate speeches and a controversial video featuring Assam Chief Minister Himanta Biswa Sarma.

A CJI Surya Kant led bench came down heavily on Raja for approaching the Supreme Court directly under Article 32 of the Constitution of India. "You are undermining the authority of the high court..why the supreme court is a playground for such political battles..," CJI told Senior Advocate AM Singhvi.

CJI further cautioned that court will have to now ask all political parties to show some retraint. This is becoming a trend now right before elections, the CJI added.

Referring to similar speeches made by Sarma in Assam, Chhattisgarh and Jharkhand, Singhvi told the bench that the issuedid not relate to one state but was a Pan India thing now. To this CJI Kant said, "Please do not undermine the sanctity of constitutional high courts..the judges don't even get an opportunity to learn environmental laws etc and then they come to the supreme court and you want them to pass orders on these issues..".

"Article 226 is created for Access to justice..you can go to the nearest high court and seek justice..if you dont succeed come here..We are confident that the High Court can look into all this..If High Court comes to the conclusion that there should be an independent investigation it will do so..why do you think in so many instances High Courts are ordering CBI investigation..because they do not trust the local police..We can ask the High Court to prioritize these petitions..", the CJI further said.

While hearing a mentioning pertaining to the instant petition last week, CJI observed that when elections approach, political battles increasingly find their way into the country's highest court, while hearing a mention of a petition related to alleged hate speech and a controversial video from Assam.

Advocate Nizam Pasha had mentioned the plea before the bench, stating there is a petition against hate speech by members of a political party and a recent video posted where a person is shown shooting at members of a particular community. He submitted that complaints have been filed but no FIRs have been registered.

The petition filed by Communist Party of India leader Annie Raj through advocate Lzafeer Ahmad, sought judicial intervention over alleged statements by individuals holding high constitutional and public offices, claiming they promote hatred and violate constitutional values and public decorum. Earlier, Jamiat Ulama-i-Hind had also approached Supreme Court against the speech.

The plea raised concerns about alleged statements and actions that serve to reinforce and amplify a climate of hostility, exclusion and intimidation directed against minority communities. At the centre of the controversy is a video posted on February 7 from the official social media handle of Assam BJP. The clip purportedly showed a person taking aim with a rifle and firing at two individuals, one wearing a skull cap and the other sporting a beard, with the caption "point blank shot." The video was deleted after receiving backlash for allegedly promoting communal hatred.

As per the petition, the constitutional scheme imposes an inviolable duty upon Ministers of the Union and States to preserve national unity and constitutional fraternity. Any conduct that foments communal hatred or social fragmentation strikes at the very root of the constitutional trust reposed in holders of public office and falls outside the permissible sphere of ministerial power.

The plea contends that such conduct attracts criminal liability under the Bharatiya Nyaya Sanhita, particularly under Sections 196, 197, 299 and 353, corresponding to erstwhile Sections 153A, 153B, 295A and 505 of the Indian Penal Code. The petition catalogues speeches and statements allegedly calling for social, economic and civic exclusion of Bengali origin Muslims, including exhortations to deny them livelihoods, transport, land and voting rights. It is claimed that these statements have had real world consequences, with reports of economic discrimination, harassment and exclusion being justified by perpetrators as acting on directions from high authorities.

The Chief Justice's observation came against the backdrop of intensifying political exchanges in Assam ahead of assembly elections due within three months. The 126 member Assam Assembly is scheduled to go to polls this year. Meanwhile, Assam Chief Minister Himanta Biswa Sarma has strongly dismissed allegations of inciting violence against Muslims. Speaking to reporters on the sidelines of an official function in Dibrugarh, he expressed ignorance about the video in question.

Case Title: ANNIE RAJA Vs UNION OF INDIA

Bench: CJI Kant, Justice Bagchi and Justice Pancholi

Hearing Date: February 16, 2026