Manipur Violence| Supreme Court Directs State To File Action Taken Report On Suggestions Made By Parties To Ease Situation

The Supreme Court today considered the suggestions made by different parties to remedy the issues faced in the state of Manipur pursuant to the violence that happened in the state and passed directions with respect to most of them. 

The Court was considering a batch of Petitions filed seeking Army protection for the minority Kuki tribals in Manipur and prosecution of communal groups attacking them and also challenging the order of the Manipur High Court which resulted in unprecedented violence between different tribes.

The Bench of Chief Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice Manoj Misra directed that an action taken report be filed by the State within a week. The Court said that it will review the action taken, after two weeks. The Court said that it is only highlighting some suggestions, but that the Government can take action on all issues. The Court said in the order that all parties must maintain equilibrium in their utterances, in the context of allegation of hate speech.  

Solicitor General Tushar Mehta appearing for the Union as well as the State of Manipur submitted at the outset that all genuine suggestions can be considered.

The suggestions by Advocate Pasha were taken up first. The Solicitor General read the suggestion for a mechanism for the identification of dead bodies, and agreed to the same. He also submitted that the suggestion regarding the shortage of doctors and medicines will be taken care of. With respect to arrangements for students of some colleges to attend classes, the SG agreed to do the needful. Likewise, for arrangements for the conduct of exams for students, he said that it can be considered.

With respect to cellular connectivity issues, he said that he will need instructions. The SG said that the circular demanding employees to return to work applies to government employees and that the same cannot be withdrawn. The CJI then said that the State can consider individual cases on humanitarian grounds. He also said that if the allegation regarding a shortage of food and water in relief camps is true, it will be addressed. 

The SG objected to the suggestion that private parties be permitted to visit relief camps. He said that earlier, petitions were filed in Courts based on newspaper reports, while now the trend is to produce fact-finding reports by private parties. He said that fact should be brought before the Court through affidavits of the State. 

He submitted that the numbers and figures regarding arms that were looted are available with him and that the same can be handed over to the Court, without making the same public. With respect to the suggestions that the committee of elected representatives visiting the affected areas must include persons from the Zo-Kuki tribe as well, the Court asked the state to consider the same. 

The Court then dictated its order stating that most of the suggestions are acceptable to the administration. With respect to the other suggestions, the Court recorded the submission of the SG that consultation will be held by the State administration and voluntary action will be taken immediately. With respect to the remaining suggestions, the Court directed that positive action be taken on or before Friday.

With respect to the suggestion to include a Zo-Kuki member in the committee constituted by the state to oversee the relief work, the Court said that the same shall be duly considered by the administration. 

The Court then considered the suggestions by the clients of Senior Advocate Ranjith Kumar regarding the alleged blockade of roads. The Court said it will be considered by the State. 

With respect to suggestions by clients of Senior Advocate Colin Gonsalves, the SG objected to the same stating that they are allegations and not constructive suggestions. Gonsalves sought criminal action against a Meitei leader for his alleged statement calling for the genocide of Kukis, in an interview with Karan Thapar. 

Colin Gonsalves sought steps to be taken by the Army and Para-military. The CJI said that the Court has never issued such directions to the Armed forces in the history of the country and that civilian control over armed forces is a hallmark of democracy. 

The Court then directed that the State will consider the demand for compensation and reconstruction of destroyed villages. 

Senior Advocate Ranjith Kumar then handed over a statement by the Myanmar government and said that the Court must read a report of the United Nations related thereto, to under the background of violence in the State. There is a systematic inflow, the SG submitted. 

The Court said that with respect to the prayer for direction to the Army and Para-military to deploy forces, the Court said in its order that maintenance of law and order is a matter within the executive domain and that it will not be appropriate for the Court to issues directions for the deployment of Army or Para-military, which must be left for the State and Union to oversee. The Court said that the State must make arrangements to protect the lives and property of the public. 

Background

Yesterday, the Court directed the Solicitor General Tushar Mehta to file an updated status report setting out the measures which have been taken and indicating the present position. At the same time, the Petitioners had contended that notwithstanding the solemn assurances that nobody will die, many tribals have been killed in ethnic violence in the state. 

On May 8, 2023, the  Court had recorded that "Mr Tushar Mehta, learned Solicitor General stated that the State of Manipur is taking appropriate steps in respect of the order of the single high court judge dated 27th March 2023, by moving the competing forum in that regard."  The plea by Dinganglung Gangmei, a BJP leader and the Chairman of the Hill Area Committee, challenged the order passed by the Manipur High Court which had directed the State Government to submit a recommendation for the inclusion of the Meeteis/Meiteis in the Scheduled Tribe list to the central government.

Similarly, an application was moved by an NGO in the pending matter seeking immediate direction to the Union of India to deploy the Indian Army to take full control of certain districts of the State of Manipur to ensure the killings and assaults on the tribal community come to an end. Along with other prayers, the applicant sought an SIT be established headed by Harekrishna Deka, former DGP Assam and monitored by Chief Justice Tinlianthang Vaiphei, to provide Rs 2 crores within one week, and to also provide a permanent Government job to a family member of the deceased, reconstruction of the houses/villages etc.

Cause Title: Dinganglung Gangmei v. Mutum Churamani Meetei And Ors. & Connected Matters [Diary No. 19206-2023]