Supreme Court Dismisses Manipur's Plea Challenging High Court's Order Relaxing Restrictions On Internet Services In The State

The Supreme Court today refused to entertain the Special Leave Petition filed by the State of Manipur challenging the order of the Manipur High Court directing the state government to provide limited internet services in some designated places.

The Bench of Chief Justice D.Y. Chandrachud, Justice P.S. Narasimha and Justice Manoj Misra asked the State to approach the High Court and disposed of the SLP. "Go back to the High Court and tell them what the difficulties are. Let the High Court look at it...we will give you the liberty to move the High Court", said the CJI.

Appearing for the State of Manipur, Solicitor General Tushar Mehta along with Advocate-on-Record Ashutosh Dubey submitted, "The question of the internet... it is open sometimes and sometimes not open. I am just wondering can it not be left to the discretion of those who are on the ground?" The SG further asked, "Would your lordships consider saying no precipitative or no coercive steps?"

Expressing their disclination to entertain the matter, the Court said "We will record your statement that the State of Manipur is advised to move to the High Court." The CJI further assured the SG that it is better to approach the High Court as it is already seized of the matter and in case anything happens the State can always come back to the Apex Court. "In case anything happens, we are here", said the CJI.

Accordingly, the Court in its order noted "Learned Solicitor General states that the State of Manipur would bring to the notice of the High Court such difficulties which may arise in the implementation of its interim order with regard to the provision of internet services. Since the State is inclined to do so, we are not entering upon the merits at this stage and leave it open to the High Court to take a considerate decision."

The State of Manipur had approached the Supreme Court against the High Court's order which was passed while hearing a batch of Public Interest Litigations seeking the restoration of internet services in the state. The Manipur High Court while directing the state government to provide limited internet services noted that the internet is necessary for people to carry out urgent and essential work, especially in regard to the ongoing admission of students.

The internet ban had been continuing in the state since May 3 in the wake of violence between the Kukis and Meities following a High Court direction to consider granting Scheduled Tribe status to the Meities. Recently, on July 6, 2023, the Supreme Court refused to entertain a plea by two Manipur residents against repeated internet shutdowns in the state rocked by ethnic violence and gave them the liberty to approach the High Court on the matter.

It was noted that a Division Bench of the Manipur High Court is already seized the matter, in which an expert committee was formed and directed to examine whether the internet could be restored in the state. The plea said that the shutdown was "grossly disproportionate" in its interference with the constitutional right to freedom of speech and expression, and the right to carry on any trade or business using the constitutionally protected medium of the internet.

More than 100 people have lost their lives in the violence between Meitei and Kuki communities in Manipur. Clashes first broke out in Manipur on May 3 after a 'Tribal Solidarity March' was organized in the hill districts to protest against the Meitei community's demand for Scheduled Tribe (ST) status.

Cause Title: State of Manipur vs. Aribam Dhanajoy Sharma [SLP (C) No.14732/23]