New Delhi Sept 3(ILNS): A Supreme Court bench comprising of Justice DY Chandrachud, Justice Vikram Nath, and Justice Hima Kohli on Friday deferred the hearing due to paucity of time in case of activist Leichombam Erendro’s compensation plea over the arrest on May 13 for a Facebook post that said, “The cure for Corona is not cow dung & cow urine. The cure is a science & common sense. Professor Ji RIP.”
Leichombam Erendro was released by the order of Supreme Court bench of Justice DY Chandrachud and Justice MR Shah on July 19. After he was released the matter was taken up the next day on July 20 when the bench directed the Manipur government to respond to the plea of compensation by the activist against illegal detention under the National Security Act (NSA), allegedly over a Facebook post related to the death of state’s BJP chief S Tikendra Singh, who succumbed to Covid-19.
Earlier, the bench directed the centre to file a reply pertaining to the prayer of compensation after his release.
Advocate Shadan Farasat appeared for Activist Leichombam, who was arrested on May 13th for a Facebook post that said, “The cure for Corona is not cow dung & cow urine. The cure is science & common sense. Professor ji RIP.”
Justice Chandrachud while directing the release of the activist said that if continued with detention it would violate his rights under Article 21. Solicitor General Tushar Mehta stated that the centre does not find any criminality in this and further accepts notice to the prayer for compensation.
The matter will now be taken up on 17th September.
Context of Case-
Vice-President of Manipur BJP Usham Deben Singh had filed a complaint against the activist, alleging that the post had “deliberately and willfully insulted and outraged the religious fillings and sentiments” of BJP workers and family members of the deceased.
Mr. Leichombam was granted bail by a local court, however, the District Magistrate of Imphal West on May 17 ordered to book him under the NSA, stating, “…satisfied that his activities are prejudicial to the security of the State and to the maintenance of public order.”
Mr. Erendro’s father said in the petition that the invocation of NSA in his son’s case was a “misuse of preventive detention law to stifle completely innocuous speech that is fully constitutionally protected and was made in the public interest.”
He further said that the Facebook post was meant to curb misinformation around Covid-19 cures. The statement was made as a “criticism of the unscientific position taken and misinformation being spread by several BJP politicians regarding cow urine and cow dung being effective in preventing/treating Covid-19,” added the plea.
It also argued that Mr. Erendro’s detention was in violation of the apex court’s April 30 order regarding the Novel Coronavirus pandemic, which stated that any attempt to clampdown on information on social media by the authorities, including the call for help from people, would be treated as the contempt of court. A separate contempt petition has also been filed in the top court.
Erendro is a former associate of activist Irom Chanu Sharmila and has for long spoken against state repression and militarization. He was arrested along with journalist Kishorchandra Wangkhem, who had made a similar post over Covid cures, following the BJP leader’s death./ILNS/KR/SNG