The Supreme Court on Wednesday directed the Manipur government to take steps to foster confidence and ensure peace and tranquillity in the state torn by ethnic violence, asserting being the top-most court it can ensure that the political executive exercises its power and does not turn “a blind eye” to the situation.
Taking note of submissions on alleged provocative statements by Manipur Chief Minister N Biren Singh, the top court asked Solicitor General Tushar Mehta to advise the constitutional functionary restraint.
“Please advise the constitutional authority to make statements with a sense of responsibility,” said the bench of Chief Justice DY Chanrachud and justices PS Narasimha and J B Pardiwala.
The bench made clear it will not deal with legal issues arising out of the Manipur high court's decision on grant of reservation to majority Meiteis as the pleas challenging the order were pending with the larger division bench there.
“Law and order is the state subject and we as the apex court can ensure that the powers, which are entrusted to the authorities, are exercised by them and they don't turn a blind eye.
“How to intervene and the manner in which the intervention has to be arrived at are the matters for the political arm of the executive and we must also as the court be conscious of the fact that certain matters are entrusted to the political arm of the executive. We are here to ensure that there is no inaction by them,” the bench said.
The top court took into account the safety concerns of Kuki and other tribal communities in the state and the plea seeking appropriate directions so that necessary steps can be taken for enhancing security measures in sensitive areas.
“The competent authorities shall immediately attend to the grievances after due verification and take such appropriate measures as are required to foster confidence and ensure peace and tranquillity,” it ordered.
At the outset of the hearing, the bench expressed the view that the single judge order of the Manipur high court was “obnoxious” and it will set that aside.
The tribals are opposing reservation to the majority Meiteis following the March 27 Manipur high court order that asked the state government to send a recommendation to the Centre within four weeks on the demand for ST status to the community.
However, later the top court said that the tribals including Kukis can join the proceedings before the division bench of the high court hearing the intra-court appeals challenging the quota order of the single judge bench.
The appeal has been entertained by a division bench of the high court on May 15, 2023 and while issuing notice, the plea has been directed to be listed on June 6, it said.
“Since the appeal is pending before the Division Bench, we leave it open to the parties who are aggrieved by the order of the Single Judge to make appropriate submissions before the Division Bench in that regard ... any party aggrieved by an order passed by the Division Bench ... would be at liberty to pursue its rights and remedies before this court,” it said.
The apex court also took note of the submissions of the solicitor general that the state government separately moved before the single judge bench of the Manipur high court seeking more time for sending its recommendation for grant of reservation to the Meitei community.
Following the state government's prayer, the four weeks granted to it for sending the recommendation has been extended to one year, he said.
The law officer said the state government's decision to seek extension was taken keeping in mind the fragile law and order situation.
The court asked the state government to file a fresh status report on relief, security, and rehabilitation measures undertaken to help violence-hit people.
The state government, in its status report, said it took steps to provide relief to those affected by ethnic violence and more than 47,914 people have been provided relief.
“A total of 318 relief camps have been opened where more than 47,914 persons have been given relief. Medical care and medicines are being arranged by the district magistrates and other officials...,” the law officer said, adding the state government has also sanctioned a contingent fund of Rs 3 crore for providing relief.
Twenty five per cent of funds under local area development fund of MLAs was being used for relief measures in the respective assembly constituencies, he said.
A relief of Rs 5 lakh each was being given to the families whose members died in the violence.
More than 50 people have been killed in violent clashes between tribals living in the Manipur hills and the majority Meitei community residing in the Imphal Valley over the latter's demand for Scheduled Tribe status.
“Army was also deployed in various locations and flag marches have been conducted,” he said, adding central paramilitary forces have also been deployed.
The district magistrates are coordinating with superintendents of police and other security agencies and escorting and shifting stranded people, he said.
“A total of more than 46,298 persons have been helped so far. People have been transported to safe locations, airports and native places that are outside the state... about 3,124 have been helped through flights,” he said.
The apex court was hearing a batch of pleas on the Manipur situation including one by a ruling Bharatiya Janata Party MLA challenging the high court order on the issue of Scheduled Tribe status to the Meitei community and a PIL by a tribal outfit for an SIT probe into the violence that rocked the north-eastern state last week.
The clashes between Meiteis and tribals started in Churachandpur district and quickly spread to other places.
