Supreme Court has extended a two-week protective measure to Professor Kham Khan Suan Hausing, shielding him from coercive actions in two ongoing criminal cases lodged against him in Manipur. The bench, headed by Chief Justice DY Chandrachud and including Justice JB Pardiwala and Justice Manoj Misra, handed down this directive.
The court's attention was drawn to a criminal complaint lodged against Prof. Hausing in the Imphal CJM's court. This complaint entails charges under several sections of the Indian Penal Code, namely 153A, 200, 295A, 290A, 505(1), and 120B. Summonses had been issued to Prof. Hausing in line with the CJM's order. Moreover, a separate FIR was registered at the Imphal police station against him. This FIR pertained to allegations of fabricating evidence to secure enrollment in an electoral roll.
Represented by Senior Advocate Anand Grover, Prof. Hausing's legal team requested protection similar to that provided to advocate Deeksha Dwivedi. Dwivedi had been granted temporary safeguard against arrest to approach the High Court after her involvement in a fact-finding mission related to Manipur violence.
Grover argued that the situation in Manipur was tense, with numerous professors encountering similar predicaments. He noted, "Instead of a civil proceeding, they have launched a criminal investigation against me."
Solicitor General Tushar Mehta, representing the State of Manipur, highlighted the existence of two cases against Prof. Hausing. One case pertained to a criminal complaint linked to his interview with 'The Wire', where he was accused of insulting the Meitei community.
Summonses were issued in this regard. The second case centered around an FIR filed by a private complainant, alleging Prof. Hausing had fabricated a document for electoral roll enrollment. Mehta argued that invoking Article 32 could not be justified against a judicial order, citing the Naresh Shridhar Mirajkar & Ors v. State Of Maharashtra ruling.
In response, Grover asserted that both complaints stemmed from the same interview with 'The Wire'.
Suggesting a potential solution, the Chief Justice remarked, "You can pray for anticipatory bail, Mr. Grover."
However, Grover expressed apprehensions about seeking anticipatory bail, fearing potential torture if he were to travel to Imphal.
In light of the circumstances, the bench opted to allow Prof. Hausing to seek anticipatory bail through the appropriate channels. The Chief Justice clarified that, "For a period of two weeks from today, no coercive steps shall be taken against him, in order to facilitate the petitioner in seeking access to appropriate remedies available in law."
Prof. Kham Khan Suan Hausing, who serves as the Head of the Department for Political Science at the University of Hyderabad, finds himself in legal trouble following a summons notice issued by the Chief Judicial Magistrate, Imphal East. He faces allegations of defaming the Meitei community during an interview with journalist Karan Thapar on 'The Wire'. The charges against him include sections 153A, 200, 295A, 298, 505(1), and 120B of the Indian Penal Code, based on allegations made by Manihar Moirangthem Singh, a member of the Meitei Tribe Union. Singh contends that Prof. Hausing's statements led to heightened communal enmity.
Case Title: Kham Khan Suan Hausing v. The State Of Manipur And Ors. W.P.(Crl.) No. 311/2023 PIL-W
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