The Supreme Court on Monday indicated that it may ask the Hyderabad University Prof Dr Kham Khan Suan Hausing to approach the Manipur High Court for seeking the quashing of summons issued against him by Imphal court while protecting him from any coercive action in the meantime.
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The Imphal court had issued summons to Prof Hausing on a complaint by Manihar Moirangthem Singh, a member of the Meitei Tribes Union (MTU).
Head of the Political Science Department, Hyderabad University, Prof Dr Kham Khan Suan Hausing has also sought quashing of an FIR that too has been registered against him. FIR relates to manipulation of electoral rolls to get citizenship.
Indicating that it will pass the same order as it had passed earlier on July 17 in case of a woman lawyer Deeksha Dwivedi, a bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra asked the Solicitor General Tushar Mehta to look into the matter and posted it for hearing on Tuesday – August 1, 2023.
“We will pass the same order, giving him a breathing time,” the bench said.
Today senior advocate Anand Grover appearing for Prof Hausing said that on July 28 date before the Imphal court, he did not appear and what order has been passed they will know today evening only. He urged the court to pass the same order that it had passed in Deeksha Dwivedi case, that too related to Manipur violence.
Senior advocate Grover said that the FIR relates to electoral rolls where it has been alleged that “where it has been alleged that “I (Prof Hausing) have manipulated the electoral roll and became a citizen.”
By its July 17 order, the top court had protected a woman lawyer Deeksha Dwivedi from any coercive action for four weeks to enable her to pursue all the rights and remedies available to her under the law.
Deeksha Dwivedi was a part of a fact finding delegation of the National Federation of Indian Women which had visited the violence hit Manipur as a fact finding team. After their Manipur visit, the members of the delegation addressed a press conference.
Subsequent to this press conference, an FIR was registered against them at Imphal police station for the charges including those alleging provocation with intent to cause a riot, waging war against the country, intentional insult, imputations, assertions prejudicial to national integration, and promoting enmity between different groups.
The top court by its July 17 order had asked the competent court to allow Deeksha Dwivedi the facility of appearing before it online through video conferencing.
Besides challenging the summon, Prof Hausing has also sought the quashing of the criminal proceedings against him by the Imphal court.
The criminal proceedings were initiated against Prof Hausing by the Imphal East district court in Manipur on a complaint filed against him by Manihar Moirangthem Singh, a member of the Meitei Tribes Union (MTU).
A Kuki professor and the head of the Political Science Department of Hyderabad University had on July 24 approached the Supreme Court, seeking quashing of the summons issued to him by an Imphal court relating to a criminal proceeding initiated against him in the wake of his statement during a Karan Thapar programme.
Chief Justice DY Chandrachud, heading a bench, had posted the matter for hearing on July 28 following a mentioning by senior advocate Anand Grover seeking an early hearing.
The Chief Judicial Magistrate, Imphal East, Manipur, issued summons to Hausing ordering him to appear before it on July 28, 2023, in pursuance of the criminal complaint filed against him.
The Imphal court issued summons taking cognizance of the alleged offences under 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 the Indian Penal Code (IPC).
The criminal complaint is rooted in Prof Dr Kham Khan Suan Hausing statements during Karan Thapar’s programme of The Wire news portal.
The complainant has alleged that Dr Kham Khan Suan Hausing has made statements defaming Meitei community and fuelling communal enmity in Manipur. Prof Hausing in the course of the programme had sought the creation of a separate administration for the Kuki community.
Prof Housing has said that the summons were issued to him by the Imphal court ignoring the prevailing communal tension and disturbance in Manipur.
Earlier on July 28 a bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia had declined to hear Prof Hausing’s plea stating that it is listed for hearing on July 31.
