In a recent legal development that has garnered significant attention, the Supreme Court of India has weighed in on the First Information Reports (FIRs) filed against members of the Editors Guild of India (EGI) in connection with a fact-finding report they published regarding ethnic violence in Manipur.

During a joint petition hearing brought forth by prominent journalists Seema Guha, Sanjay Kapoor, Bharat Bhushan, and the President of the EGI, the Supreme Court underscored that the core issue pertains to a published report rather than a criminal offense committed on the ground. The bench, presided over by Chief Justice of India DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, conveyed their inclination to explore whether the case should be transferred to the Delhi High Court or the Manipur High Court, rather than directly quashing the FIRs.

Chief Justice DY Chandrachud's remarks during the hearing resonated with this perspective, as he stated, "It is a report after all. The fundamental question is whether they have indeed authored a report. This is a matter of their subjective opinion. It does not resemble a scenario where someone was physically present at the location committing a criminal offense; instead, they have authored a report."

In a notable move, the Supreme Court had granted interim protection to the petitioners just last week, effectively shielding them from coercive actions associated with the filed FIRs.

Kapil Sibal, the senior advocate representing the EGI, elucidated that the EGI did not volunteer to embark on the fact-finding mission in Manipur independently. Instead, they were extended an invitation by the Indian Army to provide an unbiased assessment of the reporting from the ground in Manipur. Sibal elaborated, "We did not voluntarily initiate this endeavor. It was the Army that extended the invitation to us. This is a matter of profound gravity. I urge you to examine the Army's letter to the Editors Guild, where they explicitly invited us, citing unethical and one-sided reporting by vernacular media. It was at their behest that we undertook this mission."

Responding to Chief Justice DY Chandrachud's query about why the Army invited the Editors Guild to Manipur, Sibal clarified, "They sought an objective evaluation of the situation on the ground."

Solicitor General of India, Tushar Mehta, suggested that the case could be heard by the Manipur High Court, obviating the need for the petitioners to approach the Supreme Court. However, Sibal expressed reservations, primarily concerning safety issues. He cited incidents of violence against lawyers who had represented similar cases in Manipur, stressing, "In Manipur, even lawyers are withdrawing from cases. A lawyer's house was set on fire. It is perilous to venture there at this juncture."

The Supreme Court, while asserting their reluctance to quash the FIRs, contemplated whether they should instruct the petitioners to approach the Manipur High Court or transfer the case to the Delhi High Court.

The case, titled "Seema Guha And Ors. v. The State Of Manipur And Anr. Diary No. 36780-2023," is scheduled for further deliberation on September 15, 2023.