New Delhi, Feb 2 The Jamiat Ulama-i-Hind has moved the Supreme Court against some recent public remarks made by Assam Chief Minister Hemanta Biswa Sarma, terming them “communal, deeply divisive, and contrary to the spirit of the Constitution”.
The plea filed by Maulana Mahmood Madani, President, Jamiat Ulama-i-Hind, through senior advocate M R Shamshad, urged the court to frame strict and enforceable guidelines for persons holding constitutional positions, so that public offices are not misused to spread hatred or target any community.
The application has been filed in a pending petition of Jamiat in which an order was reserved by the apex court on January 20.
The petition refers in particular to a speech delivered by the Assam chief minister on January 27, in which he allegedly made some objectionable remarks against the members of a minority community.
The Jamiat Ulama-i-Hind has submitted that such statements, especially when made by a person occupying a high constitutional office, cannot be dismissed as political rhetoric or free speech.
"Instead, they amount to a deliberate attempt to spread hatred, create hostility, and stigmatise an entire community," it said, adding that such remarks “seriously damage social harmony” and “violate the dignity and responsibility attached to a constitutional office”.
The application also requested the top court to lay down regulatory guidelines for constitutional functionaries, ensuring that no one is allowed to take shelter behind their position to promote communal hatred, incite public animosity, or vilify any group.
According to the plea, such guidelines are essential to reinforce the fundamental principle that no individual is above the Constitution or the law, which lies at the heart of the rule of law.
It also submitted that statements of this nature directly undermine the constitutional values of equality, fraternity, secularism and human dignity, and therefore cannot enjoy protection under the right to freedom of speech.
