Supreme Court Refuses To Entertain Contempt Petition Alleging Inaction By Manipur Govt In Protecting Properties Of Displaced Persons

The Supreme Court on Friday (May 24) refused to entertain a contempt petition alleging inaction on part of state of Manipur to protect the properties of displaced persons amidst the ongoing ethnic violence in the state. Considering that the alleged encroachers to the property were not made party in the present contempt proceedings, the Court dismissed the petition and asked the petitioners to first seek appropriate legal remedies against the alleged encroachments. 

The petitioners contended that there has been an alleged non-compliance and contempt by the state authorities of Manipur in light of the Supreme Court's order dated September 25, 2023. The main direction highlighted by the petition reads : 

“4(iii). The Government of Manipur should ensure the protection of the properties of the displaced persons as well as the properties which have been destroyed /burnt in the violence and prevent their encroachment. In case any property has been encroached, the encroachers be directed to forthwith remove their encroachment, failing which the person concerned would be liable for contempt of court for non-compliance of the orders of the Supreme Court of India” 

The petitioners contended that the state authorities have failed to take any action towards the protecting such properties as per the above direction.

During the hearing, the State informed the bench that the Governor of Manipur subsequently issued directions on October 10, 2023 to the respective Deputy Commissioners and Superintendents of Police to take actions and implement the directions as per the Court order. Furthermore directions were also issued to the general public/Organizations that nobody without any exception shall violate the orders passed by the Top Court under any circumstances. In the event of any violations, the accused shall be booked under relevant laws and face contempt of the Court's order.

The vacation bench of Justices Bela M Trivedi and Pankaj Mithal was of the view that a case of contempt could not be initiated against the State Secretaries. The Court stressed that since the main encroachers have not been made party to the contempt petition, the ideal approach should be to firstly seek legal remedy against them. 

“How can contempt be issued against the secretaries? ….untill encroachers are made party, nothing can be done…..if this order is simply read, no contempt is made out, they (State authorities ) are duty bound to protect the properties no doubt, but do not pressurise the officers like this.” 

“You may file appropriate proceedings before the law, but contempt is not made out ....if we go by the order, no contempt.” 

Appearing on behalf of the State, Additional Solicitor General (ASG) Ms Aishwarya Bhati submitted that the Union and State were doing their best to ensure that the Court's orders are complied with and if the need be the State can submit an updated status report on the steps been taken so far. 

During the hearing, the counsel for the petitioners mentioned that properties belonging to the members of the Kuki-Zo community were allegedly encroached by persons belonging to the  Meetei armed groups of Arambai Tenggol, and UNLF (P).  

The written submissions stated : “In fact, to marked their territories, these groups had engraved the names of their groups on the entrance gates of the said properties. The properties that have not been occupied by them are also all illegally occupied by Meetei miscreants.

Even religious places of worship are not spared by them. In fact, a Church located in the heart of New Lambulane, Imphal belonging to the Kuki –Zo community has been illegally occupied and is operating as a headquarters of the said armed militia group Arambai Tenggol. Few more churches located in New Lambulane, Imphal East has also been completely vandalized and looted by Meetei miscreants.

Most of the internally displaced persons belonging to the Kuki – Zo community of New Lambulane, Imphal had also registered Zero FIRs with regards to their properties and houses that have been completely looted and occupied illegally by Meetei miscreants.

However, no enquiry or action has been taken by the Manipur police for protecting and safeguarding the said properties.” 

The bench disinclined to issue notice, dismissed the petition while observing the following : 

“The learned counsel for the petitioners has not been able to point out who the encroachers are of the property of the displaced person...The State and Union are taking all steps to protect the properties of the displaced persons observed by the order passed on October 10, 2023 by the Governor of Manipur. We are not satisfied that any contempt proceedings would be maintainable against the respondents in connection with the impugned order dated September 2023 as raised by the Petitioners.  Hence the present proceedings are dismissed subject to the above observations....the petitioners are at liberty to take recourse to  appropriate legal remedies as may be available.” 

Case Details : N. KIPGEN AND ORS. Versus VINEET JOSHI AND ORS. Diary no 19206/2023 & Connect Matter