SC refuses to entertain plea filed by Hyderabad University Prof in Meitei defamation case

The Supreme Court on Monday, August 14, refused to entertain a plea filed by University of Hyderabad's professor from Manipur, Kham Khan Suan Hausing. The complaint challenged summons issued by a Manipur court against Hausing for allegedly defaming the Meitei community during an interview.

“Go to the High Court,” told a bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra to senior advocate Anand Grover, appearing for Hausing.

As an interim measure, the bench granted the petitioner protection against any coercive measure for a period of two weeks in order to enable him to pursue legal remedies, including the anticipatory bail, before the High Court or any other appropriate forum. 

“A judicial order passed by the Magistrate cannot be challenged by filling a writ under Article 32 of the Constitution,” said Solicitor General Tushar Mehta, opposing the plea.

“This order (granting two-weeks interim protection) shall not be construed as an expression of merits of the case,” clarified the top court, while dismissing the plea.  

Hausing, a professor and head of political science department at the University of Hyderabad was issued summons by the Chief Judicial Magistrate, Imphal, who took cognizance of the offences made out under Sections 153A (Promoting enmity between different groups), 200 (Using as true such declaration knowing it to be false), 295A (outraging religious feelings by insulting religious beliefs), 298 (Uttering words etc, with deliberate intent to wound religious feelings of any person), 505(i) (statements conducing to public mischief) and 120(B) (criminal conspiracy) of the Indian Penal Code (IPC).  

The plea contended that the petitioner "read on social media that an FIR has been registered against him on the basis of an interview, which he had given to Mr. Karan Thapar of news website The Wire". It said that the petitioner has filed the writ petition before the Supreme Court to “safeguard his fundamental rights guaranteed under the Constitution”. 

In the interview, Hausing had spoken against the role of Meitei outfits and the state-sponsored violence against the Zomi-Kuki tribals in Manipur.