Manipur Violence | We Cannot Run Law & Order Situation On Ground; That's For Elected Govt To Handle : Supreme Court

Update: 2023-07-10 08:45 GMT
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While hearing the matter pertaining to Manipur violence, the Supreme Court on Monday stressed upon its limitations and underlined that the court cannot take over the responsibility of maintaining law and order from the elected government. The Court further cautioned that the proceedings before it should not be used as a platform to escalate the violence and asked the lawyers to exercise...

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While hearing the matter pertaining to Manipur violence, the Supreme Court on Monday stressed upon its limitations and underlined that the court cannot take over the responsibility of maintaining law and order from the elected government.

The Court further cautioned that the proceedings before it should not be used as a platform to escalate the violence and asked the lawyers to exercise restraint in making allegations against different ethnic groups. Taking on record the latest status report filed by the State of Manipur, the bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha asked the petitioners to bring forth "concrete suggestions" to de-escalate the situation and posted the matter for further consideration tomorrow.

The bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha was considering two petitions - one, a petition filed by the Manipur Tribal Forum Delhi seeking the protection of the Kuki tribe by the Indian Army and; two, a petition filed by Chairman of the Hill Areas Committee (HAC) of the Manipur Legislative Assembly, Dinganglung Gangmei, challenging the direction of the Manipur High Court to consider the inclusion of Meitei community in the Scheduled Tribe list. It may be noted that the issue related to ST status for Meitei triggered the riots in the state. 

In the last hearing, the Supreme Court had sought for an updated status report from the State of Manipur regarding the present position of the violent clashes between communities which erupted in the State in the first week of May this year. Today, while submitting the updated status report, SG Mehta said–

"We, on this side, are for the public...The matter may be taken up by petitioner with the utmost sensitivity because any misinformation may aggravate the situation in the State. Things are returning to normalcy after a lot of efforts from the central and state government."

CJI DY Chandrachud, after having a look at the status report, addressed Senior Advocate Dr.Colin Gonsalves, who is representing the Manipur Tribal Forum.

"Mr Gonsalves, have a look at the status report. Come here with concrete suggestions, we will give them to the SG, have them consider the same. Formulate them by tomorrow."

However, Dr. Colin Gonsalves expressed skepticism regarding the claims of the State, saying that despite the assurances given by it during the last hearing, the violence has not abated. While the death figures during the middle of May was 10, now it has gone up to 110, despite the State's assurances, he said.

"Your scepticism cannot lead us to take over the law and order. This is under the Centre and the State", CJI replied.

When Gonsalves said that everyone was against the Kuki tribe in the state, CJI sternly said that the court proceedings should not be utilized as a platform for escalating violence or exacerbating existing problems in the state. He clarified that the Supreme Court's role was limited to the interpretation of the law and stressed the need to focus on the specific modalities of the case. He said–

"We don't want this proceeding to be used as a platform for further escalation of violence & other problems which exist in the State. We do not run the security apparatus or law and order.  If you have suggestions we can take. Let's not see this as a partisan matter, it's a humanitarian issue."

However, Gonsalves continued his arguments and said–

"This is a case of severe escalation by armed groups which are notified in UAPA. These are being used by the State..."

CJI then said–

"This is not the platform where we do this...we should be conscious of the remit of the Supreme Court. We cannot run the law and order on the ground, elected government does. We understand your feelings but there should be certain modalities of arguing before this Court."

At this juncture, SG Mehta urged Dr Gonsalves to refrain from giving interviews and expressed concern about his behaviour in discussing the case publicly.

The bench also heard an application filed by the Manipur High Court Advocates Association, which suggested that the blockade of 10 kilometers in National Highway-2 be lifted. The SG was asked by the bench to look into this suggestion.

The bench will also hear tomorrow the petition filed by the State against the July 7 order of the High Court allowing restoration of internet services in a limited manner.

Case Title: Dinganglung Gangmei v. Mutum Churamani Meetei And Ors. Diary No. 19206-2023 XIV + Connected Matters

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