'It's A Report After All, Not An Offence Committed On Ground': Supreme Court To Manipur Police On FIRs Against Editors Guild Members

In the petition challenging FIRs lodged against the members of the Editors Guild of India (EGI) over a fact-finding report published by them about the ethnic violence in Manipur, the Supreme Court today orally remarked that the issue pertained to just a report and was not a case of someone committing an offence on the ground. The writ petition, jointly filed by journalists Seema Guha, Sanjay Kapoor, Bharat Bhushan, and the President of the Editors Guild of India was being heard by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. The court also stated that it was not inclined to quash the FIRs itself and was contemplating whether the matter should be transferred to the Delhi High Court or should be heard by the Manipur High Court.

During the hearings, CJI DY Chandrachud remarked–

"It is a report after all. The basic question is, what they are arguing is this– that they have done a report. That is a matter of their subjective opinion. Can that be really be...This is not one of the cases where somebody was there on the ground and committed some offence. They published a report".

"You may make a larger statement that without any concession or any other future case that there is no objection...", CJI told Solicitor General of India Tushar Mehta, who was representing the State of Manipur.

It may be noted that last week, the Supreme Court had granted interim protection to the petitioners from coercive action in pursuance of the FIRs.

Army Invited Us To Make The Report: EGI

At the outset, Senior Advocate Kapil Sibal asserted that the EGI did not volunteer by itself to go to Manipur and make the report. However, it was invited by the Army to do so because it was the army which wanted an objective assessment of the reporting on the ground in the State of Manipur. He said–

"We did not volunteer to go there. It is the army which requested us. This is a very serious matter. Please see the letter of the army to the Editors Guild. This is an invitation by the Army to the Editors Guild saying see what is happening there – unethical, ex-parte reporting by the vernacular media. It is at their invitation that we went."

At this submission, CJI asked, "But why did the army tell the Editors Guild to come to Manipur?"

Sibal responded–

"Because they wanted an objective assessment of what is happening at the ground."

Sibal added that once the EGI had given its report, it could not be prosecuted for offences under the penal code for the same. 

EGI Can Approach Manipur High Court, They Are Creating A 'National Political Issue': SG Mehta

Solicitor General of India Tushar Mehta stated that he would not be arguing on the merits of the case and instead asserted that the matter could be heard by the Manipur High Court and the petitioners need not approach the Supreme Court for the same. 

However, Sibal objected to the same and said–

"How can these offences stand? Allow us to prosecute the matter in the High Court here". Referring to the attack against a lawyer for representing a Kuki professor, Sibal said, "Because there also the lawyers are withdrawing. There is a lawyer whose house was burnt. It is hazardous to go there at this point in time."

To this submission, the SG stated that the petitioners could even appear virtually before the High Court.

However, Sibal reiterated his earlier submission and referred to the statements made by the Chief Minister of Manipur against the EGI.

"Why should we be prosecuted on basis of this? This report was filed on 2nd September. On 3rd night, an FIR was registered. On the 4th, the Chief Minister made a statement."

The SG objected to Sibal's statement and said–

"If you want to make it political at a national level, we can. Otherwise, the High Court can deal with it."

Sibal continued his arguments and said–

"We don't want a situation where we will have to start engaging lawyers as there the lawyers have withdrawn...lawyers houses have been vandalised."

At this juncture, the CJI clarified that the Supreme Court was not going to quash the FIRs but was only deliberating whether it should ask the petitioners to go to Manipur or transfer the matter to the Delhi High Court. The SG submitted–

"I just don't want this to be a national political issue which possibly seems to be the intention."

Concluding the matter and placing it for hearing on next Friday (15.09.2023), the CJI said–

"To quash the FIR, we will have to start reading everything. We will not do that. You can just take instructions."

He also said–

"It is a report after all. The basic question is, what they are arguing is this– that they have done a report. That is a matter of their subjective opinion. Can that be really be...This is not one of the cases where somebody was there on the ground and committed some offence. They published a report. You may make a larger statement that without any concession or any other future case that there is no objection..."

The matter will now be heard on September 15, 2023.

Case Title: Seema Guha And Ors. v. The State Of Manipur And Anr. Diary No. 36780-2023