Manipur High Court Seeks State, Centre's Stand In PIL To Maintain Law & Order Following Clash Of Suspected Militants With Forces

The Manipur High Court on Monday (November 18) sought the stand of the State government and the Centre in a public interest litigation petition seeking a direction to the State to perform its duty to maintain law and order in connection with an incident where six people were allegedly abducted by suspected militants following an altercation with security forces. 

The PIL states that after an alleged encounter that took place between security forces and suspected militants on November 11, six people– including three women and three children, were allegedly abducted from Jiribam, Manipur.

A division bench of Chief Justice Siddharth Mridul and Justice Golmei Gaiphulshillu Kabui while issuing notice to the respondents said, "In view of the exigency of the prevailing situation, the respondents are directed to file affidavits-in-reply within four days from today after providing advance copy to the learned counsel appearing on behalf of the petitioner, who may file rejoinder affidavit thereto, if any, before the next date of hearing". The matter is next listed on November 25. 

One of the prayers sought in the PIL seeks appropriate orders directing the respondents to take effective measures and action in performing their "bounded duty in maintaining law and order, protecting lives of the citizen and for the ends of justice". 

The petition states that the responsibility of maintaining law and order primarily falls under the jurisdiction of the state government and this means that the State and the respondents have the authority and duty to ensure peace, prevent crime, protect citizens. It highlights that the failure on the part of the respondents to fulfil their duties have led to the current situation in which innocent lives have been lost and where the currently three women and three children including an eight-month-old has been allegedly abducted by the suspected miscreants.

Senior advocate M. Hemchandra Singh,  appearing for the petitioners brought the attention of the High Court to the decision of Supreme Court in National Human Rights Commission v. State of Arunachal Pradesh & Anr. AIR (1996) where the Apex Court has observed:

“We are a country governed by the Rule of Law. Our Constitution confers certain rights on every human being and certain other rights on citizens. Every person is entitled to equality before the law and equal protection of the laws. So also, no person can be deprived of his life or personal liberty except according to procedure established by law. Thus the State is bound to protect the life and liberty of every human-being, be he a citizen or otherwise, and it cannot permit anybody or group of persons, e.g., the AAPSU, to threaten the Chakmas to leave the State, failing which they would be forced to do so. No State Government worth the name can tolerate such threats by one group of persons to another group of persons; it is duty bound to protect the threatened group from such assaults and if it fails to do so, it will fail to perform its Constitutional as well as statutory obligations. Those given such threats would be liable to be dealt with in accordance with law...”

The Court thereafter issued notice to the State authorities and the Union of India. 

Case Title: Shri RK. Joysana Singh & Anr. v. State of Manipur & Others

Counsel for the petitioners: Senior Advocate M. Hemchandra Singh assisted by Advocate Rendy Maibam

Counsel for Respondent State: Dy. Advocate General H. Debendra

Counsel for Union of India: Sr. PCCG W. Darakeshwar Singh

Case No.: PIL No. 16 of 2024

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