Guwahati | Observing that there was a "fissiparous tendency", the Gauhati High Court on Thursday issued a notice to Assam CM Himanta Biswa Sarma in connection with a bunch of PILs that accused him of giving "hate speech".

A division bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury also issued notices to the Centre, the state government and the Director General of Police (DGP) in connection with three different petitions on the matter.

The court fixed April 21 as the next date of hearing.

The assembly elections in the state are expected to be held in March-April.

Senior advocates Abhishek Manu Singhvi, Chander Uday Singh and Meenakshi Arora appeared for the petitioners, while no counsel was present for the government or the CM.

"Each and every statement, they don't co-locate with the earlier statement. What 'vote chori', why we call it 'chori', we want to steal votes -- these appear to be blusters... There is a fissiparous tendency, it appears, from what you are showing. Let us see what they have to say," Chief Justice Kumar observed after the counsels for the petitioners read some statement allegedly made by the CM.

However, the court declined to issue notice to the BJP at this stage, stating that the matter would be considered later. The observation came after the petitioners referred to a controversial video uploaded on the state BJP's official X account.

When Senior Advocate Singh urged for an interim order restraining the CM from making such statements in the future, Chief Justice Kumar said, "At this stage, let notices be issued first. It will be a normal restraint while this petition is pending consideration. Notice for both the main prayers and ad-interim prayers is issued."

One petition was filed by Sahitya Akademi awardee litterateur Hiren Gohain, former DGP Harekrishna Deka and senior journalist Paresh Malakar on February 24. The CPI and CPI(M) had also filed separate petitions on February 21 over the matter.

The Supreme Court on February 16 refused to entertain petitions seeking action against the CM over the now-deleted controversial video on X, purportedly showing him taking aim and firing with a rifle at members of a particular community.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked the petitioners to approach the Gauhati High Court with their grievances. It also asked the HC chief justice to expedite the hearing in the matter.

The petitioners alleged that remarks made by Sarma could divide society.

"The Respondent No. 3 (Sarma), while addressing reporters openly admitted to having directed members of his political party to deliberately file complaints against Bengali-origin Muslims, referred to by him pejoratively as 'Miyas', with the express object of causing them harassment and hardship," alleged the petition filed by the three prominent citizens.

"...the Chief Minister of the State of Assam is sullying his high constitutional office and violating his constitutional oath of office by indulging in blatant 'hate speech' against a minority community in Assam," it alleged.

The PIL also alleged that Sarma is making speeches and releasing videos that are overtly inciting violence against the minority community by instigating civilians to take law and order into their own hands.

It alleged that CM has indulged in "blatant hate speech" against the minority community by calling for their social and economic boycott and using derogatory words to describe them, and propagating harmful stereotypes about them.

It also alleged that the CM has been "instigating violence and hatred with references to the community's dress and language, instigating communal disharmony, and directing his officials to use their public office in a malafide manner to harass the minority community".

"The petitioners, inter alia, seek a complete cessation of any hate speech by Respondent No 3 (Sarma) and his associates, especially speech instigating civilians to take law and order into their own hands by acting against a particular minority community in Assam," it said.

The PIL also demanded an enquiry by a Special Investigation Team (SIT), chaired by a retired high court judge, against the CM and appropriate action.

"In the present case, despite widely disseminated and publicly recorded speeches that prima facie disclose incitement to discrimination, social and economic boycott of a minority community, no suo motu FIR has been registered by the state authorities.

"Such continued inaction, particularly where the perpetrator occupies the highest constitutional office in the state, creates a chilling effect on victims and witnesses, renders ordinary statutory remedies illusory, and fosters a climate of impunity," it claimed.