
Supreme Court Addresses Concerns Over Lawyers’ Safety Amid Ethnic Violence in Manipur.
The Supreme Court expressed serious concern over the safety of lawyers appearing before the Manipur High Court amid ethnic violence in the state. This concern arose during the hearing of pleas by two individuals who claimed they were unable to engage lawyers to seek protection from arrest in separate criminal cases against them.
Court’s Observations and Action
The Supreme Court, headed by Chief Justice Dhananjaya Y Chandrachud, stated that if there is substance in the petitioners’ claims, it is indeed a serious matter if lawyers are unable to appear. The bench sought a response from the state government by the next week. The court took up the case of a retired colonel, Vijaykant Chenji, and a professor, Henminlun alias Loon Gangte, both facing charges related to criminal cases.
Lawyer’s Safety Concerns
Senior advocate Anand Grover, representing the two individuals, informed the court that a lawyer scheduled to appear in one of the cases before the Manipur high court had expressed his inability to do so due to safety concerns. Even after withdrawing from the case, the lawyer’s house and office were vandalized, forcing him to seek refuge in a paramilitary camp.
Supreme Court’s Action
The Supreme Court Bar Association had passed a resolution condemning the vandalism at the lawyer’s residence and office. The court, considering these developments, decided to act. It allowed Anand Grover to file an affidavit affirming the facts surrounding the lawyer’s safety and the challenges faced in engaging lawyers for the cases.The court also decided to issue notices on the two petitions and stated that no coercive steps should be taken against the petitioners until the next hearing. It emphasized the need to protect the retired colonel, especially considering his role as a retired army officer.
Government’s Response
Solicitor General Tushar Mehta, representing the Manipur government, informed the court that the high court is fully functional, and lawyers can appear either physically or virtually. He suggested that the secretary general of the Supreme Court speak to the high court registrar general to obtain a report on the situation.
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Patterns of Concern
The court acknowledged the concerns but noted that there might be a broader pattern at play. Solicitor General Mehta urged the court to examine this pattern and emphasized that the court should protect the petitioner but also consider the emerging pattern of incidents.
Quashing of FIRs and Protection
The court recognized the need to protect the petitioners but clarified that it does not want to convert its proceedings into a forum for quashing FIRs under Section 482 of the Code of Criminal Procedure (CrPC). It will decide further action after hearing the state’s response.The retired colonel is facing charges related to waging war against the government, promoting enmity among different communities or groups, and criminal conspiracy, among others. The case against him was registered based on a complaint by a social organization in Imphal, which accused him of distorting history through his book on the Anglo-Kuki War of 1917-19.
Conclusion
The Supreme Court’s proactive stance in addressing concerns related to lawyers’ safety in Manipur reflects its commitment to upholding the principles of justice and ensuring that individuals have access to legal representation despite challenging circumstances.
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