The Supreme Court granted interim protection from arrest on Tuesday to an Advocate, who was booked for sedition and conspiracy to wage war against India after she took part in a fact-finding mission regarding Manipur violence and held a press conference as part of the National Federation of Indian Women (NFIW).
Senior Advocate Siddhartha Dave mentioned petition filed by Advocate Deeksha Dwivedi under Article 32 of the Constitution before Chief Justice of India DY Chandrachud seeking protection.
“She is 4 years into practice. She was part of 3 member of team of National Federation of Indian Women, associated with the Communist party. A press conference was held in Delhi. We learn that the offences are Section 121A, 124A, 153, 153A, and 153B of the Indian Penal Code. Two of the offences are punishable with life imprisonment”, Dave said. He informed that the petitioner is yet to receive a copy of the FIR.
Though the matter was not otherwise listed today, CJI Chandrachud agreed to take it on board after the urgent mentioning.
Addressing Solicitor General of India Tushar Mehta, CJI Chandrachud said. “Mr.Solicitor, you have been appearing for the State of Manipur. She is a member of our bar. She has put in about four years of practice. You get the instructions about the FIR. In the meantime, don’t arrest her.
SG Mehta said that it is the prerogative of the Court to entertain an Article 32 petition. “But to say that it is not possible to go to Manipur High Court may not be right. Because Mr.Colin Gonsalves went there and argued the very same matter which sparked the difficulty. Let us not create an impression that the High Court is not approachable”, he added.
“Anyway, we will protect her for a short while”, CJI said.
The bench passed the order as follows :
“Mr.Siddharth Dave, learned Senior Counsel has mentioned the proceedings for urgent orders because there is an apprehension that the petitioner, who is a member of the bar with four years standing, is likely to be arrested. The petitioner has submitted that she does not have a copy of the FIR at this stage. We have requested Mr.Dave to ensure that the copy of the petition be served on the advocate instructing the Solicitor General of India. The SG may take instructions on the background of the case. List on Friday. Till 5 PM on Friday, no coercive steps be taken against the petitioner in pursuance of FIR no….”.
As per press reports, CPI leader and National Federation of Indian Women General Secretary Annie Raja and Nisha Siddhu are named as other accused persons in the FIR, which was lodged on a complaint by an individual named S Liben Singh. The complainant took objection to the accused terming the Manipur violence as “state-sponsored”.