'Move HC' : Supreme Court Refuses To Entertain Transgender Activist's Plea To Quash FIRs For Fasting Unto Death On Manipur Crisis

The Supreme Court today (April 10) refused to entertain writ petition filed under Article 32 by transgender activist Ms Malem Thongam who sought to quash the FIRs registered against her for fasting until death to protest against the ongoing Manipur crisis. The Court has given the liberty to approach the Manipur High Court under a section 482 CrPC Petition.  Ms Thongam has been fasting unto death since February 27, 2024, with a demand to restore peace and harmony in the State of Manipur. 

The bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra declined to interfere in the matter, observing that it would be pertinent to first approach the High Court. The Petitioner was represented by Senior Advocate Anand Grover and Advocate Mr Rohin Bhatt. 

The CJI asked, "Go to the High Court, why have you come here?" 

To which the counsel replied that the petition was filed considering that similar matters concerning  Manipur had been admitted by the bench

"Because Your Lordships have interfered in case of transgender people under article 32 in Manipur." 

However, the CJI reverted saying that now that the Manipur High Court has become functional and petitioner can approach there instead. 

"But now the Manipur High Court is functional, you can file a petition under S. 482"  

As per the Writ Petition, two FIRs have been filed against the petitioner on 2.03.2024 charging her for offences under Section 309 and 153A of the Indian Penal Code alleging that she was causing enmity between different tribes and attempting suicide and on 12.3.2024 under Sections 309 and 505(b) of the IPC. However, on both occasions, the Trial Court granted her bail. In one of the orders of The Chief Judicial Magistrate, Imphal East, it was observed: 

"seen from the case records that there is no material disclosing that the accused person has promoted enmity between different groups and done acts prejudicial to maintenance of harmony. As per the facts of the case, the accused has started fasting unto death from 27.02.2024 with a demand to restore peace and harmony in Manipur. The demand made by the accused/petitioner is something which everyone the State longs for. The State is in turmoil due to the ethnic class which started on the 3rd of May, 2023. Her demand does not relate to any particular ethnic community. AlI she longs for is peace in the state of Manipur"

It is also the contention of the petitioner that the Imphal Police repeatedly picked her up from the place of protest and forcibly admitted her to the JNIMS hospital. In her prayer, he had sought clubbing of the FIRs, and after going through them, quashing the same. 

At the onset, she fasted for five days in New Delhi and then came to Manipur. The Petitioner is advocating for the cause of the peace in the State of Manipur by peacefully protesting and has been met with multiple First Information Reports (FIRs) in blatant abuse of the powers of the police by filing FIRs by turning the provisions of the Indian Penal Code (IPC) on its head, and without making out an offence. The Petitioners is constrained to file the instant Writ Petition before this Hon'ble Court under Article 32 of the Constitution of India to safeguard her fundamental rights guaranteed under Articles 14, 19(1)(a), and 21 under Part III of the Constitution of India

The Court, seemingly disinclined to issue notice, granted liberty to the petitioner to move to Manipur High Court under S. 482 CrPC. 

The petition was filed with the assistance of AOR Mr Paras Nath Singh

Case Details : MALEM THONGAM vs. STATE OF MANIPUR W.P.(Crl.) No. 000164 - / 2024 

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