'Don't Harass People; Show Deference To Our Orders' : Supreme Court Warns Tripura Police Over Notices For Posts About Riots

The Supreme Court on Monday pulled up the Tripura police over the notices sent to activists over social media posts about the communal violence, despite an earlier interim order passed by the Court. The Court warned that if the State Police does not refrain from harassing people over their social media posts on violence, the Court will direct the personal presence of the Superintendent of Police and even the state Home Secretary, among others.

A bench comprising Justice DY Chandrachud and Surya Kant was hearing an application filed by activist Samiullah Shabir Khan against a notice issued by the Tripura police seeking his appearance under Section 41A of the Code of Criminal Procedure.

Advocate Sharukh Alam, appearing for the applicant, submitted that on January 10 the Court had passed an interim order restraining the police from acting against his Tweets. By that order, the Court had stayed the steps in furtherance of the notice issued by the police to Twitter Inc under Section 91 CrPC seeking removal of his tweets and information regarding his IP address and phone number.

Alam submitted that the physical service of that order is not complete and has therefore not reached the Superintendent of Police. She added that the said order was however widely reported in the media. Despite that, the SP has issued a notice for appearance today.

"Then communicate copy of the order and meanwhile don't take action on the notice", Justice Chandrachud told the State's counsel. The State's counsel requested that the matter be held over for two weeks.

"What do you mean hold over for two weeks when you have issued notice for today?", Justice Surya Kant asked.

Following this, the bench dictated an order that no further action be taken on the Section 41A notice served to the petitioner.

"Ms. Sharukh Alam, advocate for the petitioner, states that the order dated 10 January 2022 passed by this court, though reported widely, has formally remained to be served on the superintendent of police. Be that as it may, a notice under section 41 A of the Cr. P. C. dated 20 January 2022 was issued in the name of the mother of the petitioner (presumably because the house at the permanent address of the petitioner is in correspondence to the house which is in the name of his mother), requiring the attendance of the petitioner today. Since the petitioner has already been protected by the previous order of this court dated 10 January 2022, no further steps shall be taken in pursuance of the notice under section 41 A, pending further orders. Mr Suvodip Roy, counsel for the state of Tripura, shall communicate both the copies of the present order and the previous order dated 10 January 2022 to the superintendent of police", the bench ordered.

After this, Alam submitted that the police has issued similar notices to other persons as well over their social media posts. Though they have filed writ petitions in the Supreme Court, they have been "scrambling" to get an urgent listing, she added.

Justice Chandrachud told Alam that an email be sent to the court master with the diary numbers of the petitions and thereupon the matters will be listed urgently.

"But the process then will become punishment", Alam raised an apprehension. She urged that one of the affected persons happens to be a student and another engaged in the care of a terminally-ill child. She submitted that while some of these persons are before the Court, the others are yet to approach the court. She prayed that the Court grant them protection.

"Inform your SP to not harass people like this. Why should everybody be required to run to the Supreme Court?", Justice Chandrachud told the State's counsel.

When the State's counsel said that he has no instructions in the matter, Justice Surya Kant said,  "What else is all this if it is not harassment? It is a very innocuous statement to say you don't have instructions here while you keep doing all this there"

Reprimanding the State,  Justice Chandrachud said, "Once we have passed an order (on January 10) covering an issue, albeit in one case, you must show the responsibility, some deference to the court! Otherwise, we will call the superintendent of police to us if he is trying to evade complying with the order by issuing all these kinds of notices to others! We will ask all to remain present, including the home secretary! There is no other way!"

At this juncture, Solicitor General of India Tushar Mehta intervened to say, "I am appearing, I will look into it and I will ensure that the sanctity of your lordships' orders is ensured in letter and in spirit".