Manipur Violence | Supreme Court Criticises Manipur High Court Order Directing State Government To Consider Meiti Tribe For ST List

In the matter pertaining to unrest in the State of Manipur, the Supreme Court on Wednesday, made certain strong remarks against the High Court's direction to the State government to consider the inclusion of Meitei community in the Scheduled Tribes List. The Apex Court expressed its inclination towards staying the order of the Manipur High Court but eventually did not pas any such order staying the judgement in view of the fact that appeal is pending before the division bench against the order. 

CJI DY Chandrachud orally remarked–

"I think we have to stay the order of the High Court. We have given Justice Muralidharan time to correct himself but he did not. I mean it's very clear what to do if High Court doesn't follow constitution judge benches."

A single judge bench of acting Chief Justice M.V. Muralidaran of the Manipur High Court, through its impugned order, had directed that the State shall consider the inclusion of Meitei community in the Scheduled Tribes list. The said order is at the centre of the current unrest going on in Manipur.

To this, SG Mehta responded–

"In all fairness, it was the decision of the government to only ask for extension. Because it's one tribe versus another. Considering the position on the ground, we chose not to seek stay and only sought extension. Because it would have impact on situation on ground."

The SG added that one year extension had been granted by the single judge in the matter as per the request of the State. 

Despite its observations, the Supreme Court did not order a stay on the High Court judgement. During the last hearing, CJI Chandrachud had remarked that the High Court judgment was contrary to several Constitution Bench judgments which hold that judicial orders cannot be passed to change the Scheduled Tribes list, as it is a Presidential power.

Parties to appear before Division Bench of High Court 

The court noted that since an appeal has been filed before the division bench of the High Court against the judgment of the single-judge, aggrieved parties could present their case before the division bench. CJI DY Chandrachud said–

"Now that the appeal has been filed before the High Court, you can appear before them."

To this, Senior Advocate Colin Gonsalves, appearing for the Manipur Tribal Forum Delhi submitted–

"We can't appear before the High Court. No Kuki lawyer is appearing before the High Court because the village is 1 km away...it's very dangerous. It's not possible for Kukis to go...neither the victims can go nor the lawyers."

Gonsalves then sought the protection of army for the safety of victims in the matter. 

Interjecting to this submission, SG Mehta said–

"That's factually incorrect."

CJI DY Chandrachud, noting the submissions, remarked–

"You can appear by virtual hearing. Ask the Chief Justice to accomodate."

Since the appeal was pending before the High Court, the Apex Court provided liberty for parties to make their submissions before the Division Bench of the Manipur High Court.

Status Report filed by State of Manipur

SG Mehta submitted a status report indicating the steps taken to ensure maintenance of law and order in the state, details of relief camps, compensation made available in account of death and other losses, security measures taken to protect religious places, transportation of aggrieved persons, and registration of FIRs amongst other things. 

As per the status report, there had been significant improvement in the state. The state government, as per the report has taken various steps to bring normalcy to the state. The report states that -

1. 62 companies of CaPF and 126 columns of army/Assam rifles have been deployed for assisting in the area domination, sanitisation, and maintenance of law and order situation in the state. 

2. A total of 318 relief camps have been opened where more than 47914 persons have been given relief. 

3. Specific security measures are being taken in every district and every locality as per the needs of this specific area. The district police, CAPF, CDO, and VDF are being deployed in various areas. The patrols are doing regular patrolling and round-the-clock security is being deployed in general and religious places by way of foot patrolling. 

4. Free passage of people from relief/safe locations to airport/native places is taking place and about 3124 people have been helped through flights. 

5. The state home department has issued instructions to DGP and all district SsP to register FIR's of all reported cases irrespective of jurisdiction. 

The status report also provides details on development before the High Court of Manipur. It states that a writ appeal has been filed before the Manipur High Court and a notice has been issued in the same. The matter will now be heard by the High Court of Manipur on 6 June 2023.