Supreme Court Expresses Concern Over Lawyers’ Reluctance in Manipur Due to Threats
The Supreme Court, on Tuesday, delved into serious concerns raised by petitioners from Manipur, who claimed that lawyers in the state are hesitant to represent them due to threats and intimidation. Senior Advocate Anand Grover, representing the petitioners, informed the apex court about the challenges faced in securing legal representation in Manipur. He cited a specific instance where lawyers withdrew from representing Professor Kham Khan Suan Hausing after the house and office of one of the lawyers were vandalized.
Grover, representing the petitioners before a bench led by Chief Justice of India DY Chandrachud, stated,
“A book was published by him one year ago. He’s a colonel. There is not a word about the communities in the book, just military tactics and he is prosecuted. In Manipur, the lawyers’ houses and offices were ransacked and two of them are now in the camp. They cannot instruct me.”
Solicitor General of India Tushar Mehta, appearing for the State of Manipur, countered the claims, saying,
“This issue is being raised repeatedly. Whenever any riot takes place, some lawyer, some doctor, some engineer-it happens…not a lawyer who represented…”
Grover responded with,
“Of course the lawyer who represented. I don’t think my learned friend knows the facts. I will show him the photographs. It is a very shocking incident.”
The CJI, emphasizing the need to protect the petitioner, remarked,
“He is a retired colonel. He wrote a book. He must be protected. The only question is do we protect you here or send you back to the High Court…”
Regarding the case of the second petitioner, Henminlun, Grover highlighted that the petitioner had yet to receive a copy of the FIR. Responding to this, CJI said,
“On merits, we are inclined to send you to the High Court under 482. What we can do is, we can say right now that a copy of the FIR shall be served within a period of one week. We will protect you for a limited period and say now you go under 482.”
Grover reiterated the challenges faced in securing representation, stating,
“Here I will not be able to go to the High Court because he belongs to the minority community. Nobody will appear for me. In Imphal, all the people of that community have been ousted. There are no lawyers appearing.”
The court directed the petitioners to file an affidavit detailing their claims. The CJI remarked,
“First, we have called for an affidavit from you. Then we will ask the Registrar General of the High Court to submit a report because if there is substance in this, this is a very serious matter.”
The Supreme Court Bar Association (SCBA) had previously expressed concerns over reports of the ransacking of the home and office of Manipur lawyer S Chittaranjan for representing Professor Kham Khan Suan Hausing. The SCBA criticized attempts to intimidate lawyers and interfere with the administration of justice.
The matter is now slated for further hearing on October 6, 2023.