On Monday, 10 July, the Supreme Court resumed hearing in connection with the Manipur Violence and took on record the latest status report filed by the State of Manipur. While hearing the matter, the bench asked the petitioner to exercise restraint and refrain from acting in a ‘partisan’ manner.
During the court proceedings, Chief Justice of India DY Chandrachud remarked that everyone has to see this case as a humanitarian issue rather than seeing it as a partisan matter.
CJI DY Chandrachud: Let's not see this as a partisan matter, it's a humanitarian issue.#SupremeCourtofIndia #SupremeCourt #Manipur
— Live Law (@LiveLawIndia) July 10, 2023
The Court also asked the petitioner not to make allegations against any ethnic group. The two-judge bench cautioned Senior Advocate Colin Gonsalves appearing for one of the petitioners, Manipur Tribal Forum Delhi. The bench stressed that the court proceedings should not be used as a platform to escalate the violence.
CJI said, “We don’t want this proceeding to be used as a platform for further escalation of violence & other problems which exist in the State. We do not run the security apparatus or law and order. If you have suggestions we can take them.”
Gonsalves: The entire side is against Tribals…
— Live Law (@LiveLawIndia) July 10, 2023
CJI: We don't want this proceeding to be used as a platform for further escalation of violence & other problems which exist in the State. We do not run the security apparatus or law and order. If you have suggestions we can take.
The two-judge bench comprises Chief Justice of India DY Chandrachud and Justice PS Narasimha. Going ahead, the bench asked the petitioners to present “concrete suggestions” to de-escalate the situation.
The Petitions filed before the court
The Supreme Court is hearing two petitions in connection to the Manipur Violence. Out of the two, one petition was filed by the Manipur Tribal Forum Delhi. They have sought the protection of the Kuki tribe by the Indian Army.
The other petition was filed by the Chairman of the Hill Areas Committee (HAC) of the Manipur Legislative Assembly, Dinganglung Gangmei. They have challenged the direction of the Manipur High Court to consider the inclusion of the Meitei community in the Scheduled Tribe list. As per media reports, the issue related to ST status for Meitei triggered the riots in the Northeastern state.
Proceedings of the Court
In the last hearing, the Supreme Court asked the State of Manipur to file an updated status report regarding violent clashes in the state.
After submitting the updated status report, Solicitor General Tushar Mehta requested that the case should be taken with “utmost sensitivity” as the prevailing normalcy may get disturbed by any misinformation.
He said, “We, on this side, are for the public. The matter may be taken up by the petitioner with the utmost sensitivity because any misinformation may aggravate the situation in the State. Things are returning to normalcy after a lot of efforts from the central and state government.”
When the CJI asked Advocate Gonsalves to have a look at the Status report, he expressed scepticism regarding the claims of the State.
Responding to this, CJI categorically stated that the court cannot run Law & Order situation on the ground and that it is only for the elected government to handle.
CJI said, “Your scepticism cannot lead us to take over the law and order. This is under the centre and the State.”
Gonsalves: From the middle of May i suggested, then it was 10 and now it is 110 killed. So I'm sceptical.
— Live Law (@LiveLawIndia) July 10, 2023
CJI DY Chandrachud: Your scepticism cannot lead us to take over the law and order. This is under the centre and the State…so tell us tomorrow.#SupremeCourtofIndia
Petitioner’s counsel Gonsalves claimed that the other side is against the tribals. The bench asked him to refrain from making such allegations and asked not to use court proceedings as a platform to escalate violence or create more problems.
Despite the court’s appeal to exercise caution, Advocate Gonsalves hurled allegations against the government.
Reflecting on this, CJI observed that the court is not the platform where this should be done and added that the petitioners should be conscious of the remit of the Supreme Court.
Gonsalves: This is a case of severe escalation by armed groups which are notified in UAPA. These are being used by the State…
— Live Law (@LiveLawIndia) July 10, 2023
CJI: This is not the platform where we do this…we should be conscious of the remit of the SC. We cannot run the law and order, elected govt does.
The CJI also remarked that the issue of law and order is in the purview of the elected government and the court can’t do anything on that.
Later, the bench posted the matter for further consideration tomorrow.
