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Supreme Court notice to Assam BJP on posts ‘vilifying’ Muslims
The Supreme Court has ordered the BJP Assam unit and X to respond to a plea for removing content targeting Muslims, citing hate speech concerns.
The Supreme Court on Tuesday directed the Bharatiya Janata Party’s (BJP) Assam unit and social media platform X to respond to a plea seeking immediate removal of content that openly vilifies and targets Muslims in the state.
A bench of justices Vikram Nath and Sandeep Mehta issued the notice on an application filed in a pending public interest litigation examining hate speech and violence against Muslims and steps to contain it.
The application, filed by former Patna high court judge Anjana Prakash and journalist Qurban Ali, seeks an urgent take-down of a video posted by BJP Assam Pradesh’s official X handle on September 15.
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It also seeks to hold the political party accountable for violating the constitutional guarantees of secularism and equality, which require all citizens to be treated equally without discrimination on the grounds of religion.
The content has been viewed 4.6 million times and shared by multiple users, advocate Nizam Pasha told the court while briefly arguing the application.
The video presents a “false narrative” depicting a Muslim takeover of Assam if the BJP loses power, the application stated.
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It shows people wearing skull caps and burqas taking over tea estates, Guwahati airport and other vital installations, while claiming illegal Muslim migrants are entering the state and that Muslims comprise 90% of the population.
“The video circulated by BJP Assam Pradesh’s official handle openly targets, vilifies and demonises Muslims. The broad message is that the worst fate that a state can be met with is its takeover by Muslims,” the application said.
The applicants argued that, as the ruling dispensation, Assam BJP is constitutionally bound to uphold secular values forming part of the Constitution’s basic structure.
“A state government, elected and formed under the Constitution of India, is the guardian of all communities and is specifically prohibited from engaging in discrimination on the basis of religion, race, caste, gender, language,” they said, adding that the burden of being fair, just and secular is far greater on an elected government.
The video, however, depicts complete disregard of secular values that any ruling dispensation is bound to uphold, the application contended.
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The application was filed in a PIL where both applicants have sought directions for action against inflammatory speeches targeting Muslims and an immediate stop to such events.
The matter is being heard alongside a 2021 petition by advocate and BJP leader Ashwini Kumar Upadhyay seeking a legal definition of hate speech.
The court had previously directed state administrations and police to remain vigilant and lodge criminal cases upon learning of hate speeches without waiting for complaints.
The applicants had earlier drawn the court’s attention to hate speeches at Haridwar’s Dharam Sansad in December 2021, where Yati Narsimhanand of Panchadashanam Juna Akhara incited hatred against minorities.
The law punishes provocative speeches that incite violence, promote enmity between groups on religious grounds, and acts prejudicial to national integration under sections 153, 153A, 153B and 505 of the Indian Penal Code.
