Suppression of Free Speech by the All Manipur Bar Association (AMBA) : A Troubling Precedent
In a notice released by Moirangthem Chuba Devi the Secretary in Charge of All Manipur Bar Association (AMBA) on August 13, 2024, the AMBA notified all members of the Manipur Bar Association for a sit - in protest against an alleged speech made by Sr. Advocate Colin Gonsalves 5 months ago on International Women's Day, 2024 at the Constitution Club of India, New Delhi calling for justice. The sit-in protest will be held in front of the Cheirap Court Complex, Uripok, Imphal West on August 14, 2024 from 10:30 am to 2:00 pm.
The alleged (undermining) speech made by the learned Sr Advocate was delivered at a Press Conference on Exposing Atrocities Against Kuki-Zo Women On International Women's Day Organised by Kuki-Zo Women's Forum, Delhi and Kuki Students’ Organization, Delhi & NCR. Excerpt from the speech which was alleged of ‘instigating the ongoing violence in Manipur and undermining the Hon’ble High Court of Manipur’ reads:
“...The High Court in Imphal sometimes I think it is better it is closed down only. What is the use? As a High Court you are supposed to protect the Constitution, protecting the Constitution means protecting Article 21, protecting Article 21 means protecting the Right to Life. You can't protect the Right to Life of people whose houses were burnt 1 kilometre from the Court at Imphal 2 kilometres. What is the point of keeping a High Court, just for show? Just to show that you have a justice delivery system in our country? Oh! how great democracy is, look at the number of High Courts that we have. What is the point? Did anyone show compassion? Did any Judge show compassion? Did any Judge take up a case and say I am seeing people killed, this is the newspaper with their photographs. I want an answer from the DGP. Tell me why were they killed? How were they killed? What have you done? No answer…”
Analysing the content of the speech, the Sr. Advocate can be noticed to be drawing attention to the negligible role played by the High Court of Manipur in securing justice for the victims of ethnic violence in the state of Manipur which is clearly under their nose. The Sr. Advocate statement also comes a few months after the January 2024 Kangla viral videos depicting the Arambai Tenggol and other armed militants with automatic assault rifles, and rocket propelled grenades roaming freely in Imphal. The unsettling footage revealed a formidable force, indicating that the battle was far from over. Expressing concern about potential escalations, the speaker speculated that the then upcoming elections might intensify the conflict. ( Note: This is considering the amount of looted state arms currently in the possession of the Meitei militants and the fever pitch militant culture prevailing in the state which has till now bludgeoned any dissent and sane voices within the Meitei political landscape).
In a democracy, the right to free speech is one of the most cherished and fundamental principles. It allows for the exchange of ideas, criticism of the state, and the advancement of society. However, recent actions by the AMBA threaten to undermine this essential right, setting a dangerous precedent for suppression of dissenting voices. This move, rather than serving the interests of justice or promoting peace, seems to be a blatant attempt to silence a prominent voice who has consistently advocated for human rights and the rule of law. In a functioning democracy, dissent is not only inevitable but necessary. It is through the clash of ideas that societies evolve and progress. When a legal body like the AMBA resorts to protesting against a speech it disagrees with, it sends a chilling message to other members of the legal profession and to the citizens of the State.
If the AMBA succeeds in their attempt to silence Dr. Gonsalves, it will also send a message to other activists, lawyers, and ordinary citizens who may wish to speak out against injustice. The right to free speech is not just about the ability to express oneself; it is about ensuring that a diversity of voices is heard, especially in times of crisis.
The inaction of the High Court of Manipur who is in the official position to discharge justice through its judicial power or through suo-motu cognizance of a crime during the ethnic violence is not free from a legitimate criticism. The inaction of the High Court is considered by the Zo people as nothing less than a complicity to the crime. It is also the duty of the AMBA to place pressing legal matters before the High Court of Manipur as the legal guardian of the State Bar instead of suppressing speech that calls for the rule of law and demand for a higher regime of justice.
TRIBAL PERSPECTIVE
The incident at B. Phainom on May 4, 2023 was viral all over the country in Media on July 19, 2023. The Supreme Court took Suo Motu Cognizance of the matter on July 20, 2023. Before the viral video, the witness account was already widely circulated during the month of May 2023 and was reported by various publications. Unless the High Court turned a blind eye to such reports of inhumane heinous crime, the Manipur High Court had reasonable time to take cognisance of the matter before the Supreme Court took the initiative. The public till date are puzzled about the role of the Manipur High Court and AMBA in securing justice beyond the ethnic fault line.
On July 3, 2024, the Supreme Court expressed its dismay that undertrial in Manipur Jail wasn’t taken for medical treatment because he was Kuki. Had the Manipur High Court assisted by the AMBA beyond the ethnic fault line paid attention to the conditions of the jail inmates under their nose, the matter would not even require the intervention of the Supreme Court.
How long will the Manipur High Court and AMBA choose to remain mute spectators to the crime and injustice in Manipur Valley? The illegal extortion collection in the name of protection fees, the brandishing of automatic assault rifles by the Arambai Tenggol and other armed militants, intimidation and assault on innocent civilians that occur under the Jurisdiction of the High Court of Manipur is not an act of instigating of violence and undermining High Court of Manipur and the rule of law for the AMBA. Ironically a speech calling for justice is categorised as ‘instigating violence and undermining the High Court of Manipur’ vis-a-vis rule of law.
“...There was no law in the State… a complete breakdown of law and order. If law and order cannot protect citizens, where are we left?” The Supreme Court on August 1, 2023 has made this observation on the breakdown of law and order in Manipur, akin to this, Sr Advocate Colin Gonsalves in this said speech made his observation on the role of the High Court of Manipur in delivering justice.
The calculated ill-motive reaction by AMBA for a speech which was made on March, 5 months ago is only a sinister plot to enrage the majoritarian Meitei community while maligning the reputation and dignity of the Sr Advocate, who is the counsel appearing and representing the All Manipur Tribal Union and four others in the Meitei Scheduled Tribe case hearing before the High Court of Manipur. The case is slated for hearing on August 29, 2024. He is also the counsel representing the Hmar-Zo victim families in the infamous Assam Fake Encounter case of 2024.
