SC grants two weeks protection to Hyderabad University professor after complaints against him in Manipur
Aug 14, 2023
New Delhi [India], August 14 : The Supreme Court on Monday ordered that no coercive steps shall be taken for two weeks against Hyderabad University professor Kham Khan Suan Hausing after two complaints were lodged against him in violence-hit Manipur.
A bench of Chief Justice to f India DY Chandrachud and Justices JB Pardiwala and Manoj Misra in its order said that in order to facilitate Hausing in seeking access to the competent court for appropriate remedy no coercive steps shall be taken against him for two weeks.
“For two weeks from today, no coercive steps be taken against him,” said the bench.
The bench was hearing a plea by the professor seeking protection from arrest in two complaints. While one of the complaints alleged that he committed deliberate acts intended to outrage religious feelings in Manipur, the other is regarding purported wrongdoing in enrolment as a voter of the state.
Professor approached the apex court seeking quashing of the criminal proceedings initiated against him in which summons were also issued for his personal presence before a district court in Imphal.
The petitioner, a Kuki Professor of Political Science, also sought quashing of proceedings and summons.
Chief Judicial Magistrate, Imphal East, Manipur, issued summons to Hausing asking him to before it on July 28, 2023, in pursuance of the criminal complaint filed against him by Manihar Moirangthem Singh, a member of the Meitei Tribes Union (MTU).
The Imphal court took cognisance of the offences made under section 153A (which deals with promoting enmity between different groups), 295A (which deals with acts outraging religious feelings), 505(1) (statements conducting public mischief), 298 (deliberate intention of wounding the religious feelings of any person), 120B (criminal conspiracy) of Indian Penal Code (IPC).
The complainant claimed that Professor Hausing’s statements in an interview to Karan Thapar have defamed the Meitei community and fueled communal enmity in Manipur. In the interview, Hausing had said that separate administration must be created for the Kuki community.
The petitioner sought a record of the entire complaint including, the statement of the complainant and witnesses, a copy of the complaint, a copy of FIR lodged and orders passed by the court.
He said summons were issued to him in abject ignorance of the communal tension and disturbance prevailing in the State of Manipur between the Kuki and Meitei community.
The plea cited the case of a lawyer, Deeksha Dwivedi, who granted interim protection after an FIR was registered against her by the Manipur Police for offences of sedition, conspiracy to wage war, etc.
The petitioner said he is similarly placed with Dwivedi’s case as he apprehends that amidst the communal tension of the two communities, there is a threat to his life and liberty.
The petitioner submitted that on account of the widespread conflict in Manipur, he is apprehensive that there is a real and imminent threat to his life if he travels to Manipur to answer the summons.
Hausing further stated in his plea that on July 6, 2023 summons were issued by the Magistrate and no case against the offences under which he was charged are made out.
He said on July 13 it has also come to his knowledge that a fresh complaint dated July 10 by one Khomdrom Manikanta Singh has also been filed with the Officer-In-Charge, Imphal West Police station, Manipur alleging that Hausing is not a citizen of India and his name has been added to the electoral rolls by manipulation, fraud, forgery, and conspiracy.
The violence in Manipur between the Hindu Meiteis and the tribal Kuki, who are Christians, erupted after a rally by the All Tribal Students Union of Manipur (ATSUM) on May 3.
Violence has gripped the entire state for over four months now and the Central government had to deploy paramilitary forces to bring the situation under control.