SC grants HCU professor two weeks’ protection over cases lodged in Manipur

The Supreme Court ordered that no coercive steps shall be taken for two weeks against Hyderabad University professor Kham Khan Suan Hausing over the complaints lodged against him in strife-torn Manipur on Monday, August 14.

Professor Hausing has two complaints filed against him – while one of them alleges that he deliberately tried to outrage religious feelings in Manipur, the other is regarding alleged misconduct in enrollment as a voter of the state.

To facilitate Professor Hausing in seeking access to the competent court for an appropriate remedy, the bench, headed by Chief Justice DY Chandrachud said, "For two weeks from today, no coercive steps be taken against him", PTI reports.

The bench, which also comprised Justices JB Pardiwala and Manoj Misra, was hearing a plea by the professor, who wanted to be protected from being arrested in connection to these cases.

Senior advocate Anand Grover, who was representing Professor Hausing, a magisterial court in Imphal has issued a summons to him in one of the two filed against him.

Arguing that the situation in Manipur is very serious, Grover said one of the complaints relates to an interview he gave to a news portal – and not a speech. Further, he argued that the professor needed protection so he can seek appropriate remedies for these complaints.

An order passed by the magistrate cannot be challenged directly before the apex court in a petition under Article 32 of the Constitution, said Solicitor General Tushar Mehta, appearing for Manipur.

Article 32 of the Constitution deals with remedies for enforcement of Fundamental Rights and 32 (1) says the right to move the apex court by appropriate proceedings for enforcement of rights conferred by this part is guaranteed. Mehta said the magisterial court had passed an order in one of the private complaints filed in Imphal.

"You (petitioner) can pray for anticipatory bail," the bench told Grover.

The petitioner only wanted interim protection as the situation in Manipur is very tense because of the ethnic clashes, said the senior advocate.

The bench noted that a criminal complaint had been filed against Hausing in a Chief Judicial Magistrate's (CJM) court for alleged offences punishable under several sections of the Indian Penal Code (IPC), including 153-A (promoting enmity between different groups based on religion, race, place of birth, etc.) and 295-A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs).

It was observed that the magisterial court had issued a summons to the petitioner in the criminal case last month.

Another complaint, according to the Supreme Court, is about an investigation into alleged misconduct in the petitioner's enrollment in the state's electoral roll.

It stated that the petitioner will be free to seek proper remedies, including anticipatory bail, before the relevant court.

Having taken up a slew of petitions concerning the unrest in Manipur, the Supreme Court recently expressed outrage over the way women were subjected to grave crimes in the state. The court claimed that mobs utilise sexual assault to send a message of submission to the other group, which the state is obligated to prohibit

The Supreme Court also asked a three-member committee of former high court judges to investigate the nature of violence against women in Manipur since May 4 – Justice Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court, Justice Shalini Phansalkar Joshi, former Judge of the Bombay High Court, and Justice Asha Menon, former Judge of the Delhi High Court.