Supreme Court extends protection given to Prof Henminlun by three weeks; asks him to move High Court

Satya Prakash

New Delhi, September 22

The Supreme Court on Friday extended by three weeks the protection from arrest given to an academician in connection with a criminal case registered in Manipur for alleged hate speech even as it asked him to move the state high court for quashing of the FIR.

A Bench led by Chief Justice of India DY Chandrachud – which had on September 12 granted Prof Henminlun protection from arrest till the next date of hearing – ordered that a lawyer empanelled with the legal services authority be provided to represent him free of cost.

The order came after senior counsel Anand Grover submitted on behalf of the professor that no lawyer was willing to take up his case in Manipur.

On behalf of the Manipur Government, Solicitor General Tushar Mehta contested Grover’s claim, saying hundreds of lawyers were appearing in the Manipur High Court and the petitioner could engage any one of them.

Prof Henminlun has sought quashing of the FIR against him for an offence under section 153 A (promoting enmity between groups) of the IPC over the hate speech he allegedly made on July 28.

“We are of the view that the petitioner shall relegate his remedy under Section 482 (quashing of FIR) under the Code of Criminal Procedure before the high court. If the petitioner desires to be represented through video conference, the High Court shall permit,” the top court said, adding he shall be allowed to e-file soft copies of the petition and documents.

In another case relating to the ongoing ethnic violence in the state, the Manipur government told the Bench it has filed a status report on recovery of arms from “all sources”.

Mehta, however, told the Bench that the status report was only for the “consumption” of judges.

The Bench said it will take up the matter on September 25 and issue directions on the all-women judges’ committee report as also the state government’s affidavit.

With regard to demands for updates on the probe into the 11 cases of sexual violence against women and children transferred to the CBI, the Bench said it has already appointed “seasoned” IPS officer Dattatray Padsalgikar to supervise the probe.

“Allow a little bit of time for the officer to take charge, monitor the situation and then we may ask for a status report,” the CJI told lawyers for various petitioners.

Padsalgikar, a former Maharashtra DGP, himself went to Manipur to oversee the probe, the CJI added.