Supreme Closes Plea By Lawyer & Intern Against MP Police Case Over Alleged PFI Links; Allows Them To Approach HC

The Supreme Court on Tuesday (05.12.2023) closed a writ petition filed by a lawyer and her intern seeking independent investigation into a case registered against them in Indore in Madhya Pradesh over alleged links to the PFI.

The Petitioners - lawyer Noorjahan and law student Sonu Mansoori- had alleged that they had been implicated in false, baseless, politically motivated and communally charged cases at the behest of the local organisations having affiliations to the current political dispensation in the State of Madhya Pradesh. The Apex Court had directed the released of the arrested law intern on 22.02.2023, pursuant to which she was released.

Today, in the light of the submission of Additional Solicitor General KM Natraj, that the Forensic Science Lab report and chargesheet haven been filed by the investigating officer, the bench of Justice CT Ravikumar and Justice Sanjay Kumar closed the writ petition, granting the petitioners the liberty to challenge the FIR and avail appropriate remedies available under law. The Court also directed the copy of the FSL and chargesheet to be served to the Petitioner.  

When the Petitioner's counsel pressed for the reliefs prayed for, Justice Sanjay Kumar said 'it is in your interest also to go before the High Court first. If you argue before us at the first instance, then this is the end of the road. It is better you look at the contents of the chargesheet and reiterate your prayers before the High Court'. 

'If you are not successful there, you can come back' Justice Ravikumar added. 

The petitioner's counsel also insisted that the petitioners be granted the liberty by the Apex Court to e-file their plea before the High Court and to appear virtually stating the lawyers were not being allowed to approach the court. 

'You mean to say that the High Court of Madhya Pradesh is not accessible? This kind of paranoia we cannot accept and feed.' Justice Sanjay Kumar said. The High Court is in the vicinity of the trial court, the counsel informed the Court. 

The petitioner's counsel also insisted that the state provide protection to the petitioner's lawyers. 'For that you may approach the police authorities, if it is not allowed file a petition' Justice Ravikumar said. 

Background

The plea field by the two women, alleges that on 28.01.2023, supporters of right wing groups, manhandled the law intern inside the courtroom. They accused the intern of secretly recording the bail proceedings of a Bajrang Dal leaders who was accused of carrying out acts of vandalism in protest of the movie 'Pathan'

As per the petition, the law intern was forcibly frisked and the miscreants snatched away a large sum of money and a phone that was in her possession. The petition stated that the local police came to the spot, but instead of taking action against the malefactors took the intern to the police station and lodged FIR against her on the basis of complaint that she was working for banned organisations like the PFI and the Peace Party. Subsequently, she was arrested. On 29.01.2023, when produced before the Judicial Magistrate, remand was granted till 01.02.2023. No lawyer dared to appear on behalf of the intern amidst the "communally hostile environment" created by the miscreants.

The petition sought directions from the Apex Court for an independent inquiry into the incident that took place in the Indore District Courts premises.  The petition had also sought directions to the State Government to ensure safety of the petitioners.The plea had sought for the FIR against the law intern to be quashed and the investigation to be transferred to an independent agency, preferably one outside Madhya Pradesh.

Case Title: Noorjahan @Noori And Anr v. State of Madhya Pradesh WP(Crl) No. 73/2023