The Supreme Court on Monday directed that a Manipur activist detained under the National Security Act for a Facebook post that said cow urine and cow dung do not cure Covid be released by 5pm on Monday on interim bail.
Erendro Leichobam had been held in Manipur on May 13 for posting the comment following the death of state BJP chief S. Tikendra Singh.
“We are of the view that the continued detention of the petitioner... would amount to a violation of the right to life and personal liberty,” the bench of Justices D.Y. Chandrachud and M.R. Shah said.
“We accordingly direct that the petitioner shall be released forthwith as and by way of an interim direction of this court, unless he is required to be in custody in any other case, subject to further orders, subject to his filing a personal release bond in the amount of Rs 1,000.”
The order added: “The respondents shall comply with the order of this court on or before 5pm today. The registrar (judicial) shall communicate a copy of this order forthwith to the Manipur central jail, Sajiwa.”
Erendro’s lawyer Shadan Farasat told The Telegraph the activist had been released at 4.45pm. “Yes, he has been released already around 4.45pm,” Farasat said.
Earlier on Monday, the court had rejected solicitor-general Tushar Mehta’s plea that the case be taken up on Tuesday.
On Tuesday, the bench will take up the larger issue of the NSA — which allows preventive detention for up to 12 months on grounds of national security and public order — being invoked against Erendro, convener of the political outfit Peoples’ Resurgence and Justice Alliance.
The bench is dealing with a petition moved by Erendro’s father Raghumani Singh challenging his son’s detention and seeking contempt action against the Manipur chief secretary, state police chief and the Imphal West district magistrate.
The petition highlights that Erendro was arrested despite the apex court’s April 20 order saying citizens shall not be subjected to criminal cases or arrested for airing their views on social media relating to the Covid crisis.
Raghumani has also filed a habeas corpus petition seeking his son’s production before the top court.
He has underlined that despite Erendro being granted bail on May 17 in a case booked under penal code sections, he was rearrested straightaway on the orders of the district magistrate under the NSA.
Erendro’s May 13 post had expressed condolences for Tikendra’s death and said: “The cure for Corona is not cow dung & cow urine. The cure is science & common sense. Professor ji RIP.”
The context was several BJP politicians’ public claims about cow dung and cow urine curing or preventing Covid.
“Bolstered by such advice from leading political members, there were reports of people smearing cow dung and drinking cow urine to cure corona. In fact, in some places proper units were established which took to treating people with coronavirus using cow dung and cow urine,” Raghumani’s petition says.
The petition underlines the lack of scientific evidence for the claims made on behalf of cow urine and cow dung, and says the Facebook post was not meant to hurt religious sentiments.
Several FIRs were lodged against Erendro’s post in various Manipur police stations by BJP workers, including state unit vice-president Usham Deben.
The penal code sections invoked against Erendro are 153A (promoting enmity between groups), 505b(2) (public mischief), 295A (outraging religious sentiments), 503 (criminal intimidation) and 504 (breach of peace). If convicted, he can be jailed for up to three years.
A journalist, Kishorechandra Wangkhem, too was arrested on May 13 for a similar post and rearrested on May 17 under the NSA following the grant of bail.
