New Delhi, Aug 14 The Supreme Court on Monday refused to entertain a plea filed by Hyderabad University's professor Kham Khan Suan Hausing challenging summons issued by a Manipur court in a criminal complaint lodged against him for allegedly defaming the Meitei community during an interview.
“Go to the High Court,” told a bench comprising Chief Justice of India D.Y. Chandrachud, Justices J.B. 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.
Housing, 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, 295A (outraging religious feelings by insulting religious beliefs), 298, 505(i) and 120(B) of 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 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”.
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