Can’t let proceedings be used for escalating violence in Manipur: Supreme Court

A bench was hearing a clutch of PILs demanding a spate of orders ranging from investigation into the ethnic clashes

Disapproving any endeavour to convert the proceedings before it into a platform for fuelling further violence in Manipur, the Supreme Court on Monday observed that it cannot run the security apparatus in the riot-hit state and that it is chiefly for the government to maintain law-and-order while the court can only act as a “facilitator”.

A bench, led by Chief Justice of India Dhananjaya Y Chandrachud, was hearing a clutch of public interest litigations (PILs). (ANI)

Read here: 142 killed till July 4 in Manipur clashes: Centre informs Supreme Court

A bench, led by Chief Justice of India Dhananjaya Y Chandrachud, was hearing a clutch of public interest litigations (PILs), demanding a spate of orders ranging from investigation into the ethnic clashes that has overrun the state since early May claiming at least 130 lives, to ordering deployment of additional security forces. The petitions relating to the ethnic violence between the Meitei and the Kuki have also asked for various other rescue and rehabilitation measures.

With one of these pleas alleging that the killings of tribals is sponsored by the N Biren Singh-government in the state, the bench, also comprising justice PS Narasimha, made it emphatically clear that it will not allow the court proceedings to be a reason to intensify violence in Manipur.

“We don’t want this proceeding to be used as a platform for further escalation of violence and other problems which already exist in the state. We do not run the security apparatus or law and order. If there are certain concrete suggestions, based on which we can pass certain orders, we will do that. But we are not there to run law and order and security. If we do that, then what is the elected government for?” the bench asked senior counsel Colin Gonsalves, who appeared for a non-governmental organisation, Manipur Tribal Forum.

While Gonsalves contended that militant groups are being used by the state to escalate violence against the tribals, the court said: “This is not a political platform. Conscious as we are of our remit, we cannot run law-and-order...we should also be conscious of what we are capable of doing and what we cannot...Law-and-order, security and deployment of forces etc are not for us to do,” it said.

Read here: In Manipur, man shot dead, two injured in fresh violence

At the outset , solicitor general Tushar Mehta, representing the Manipur government, urged the bench to ensure that the petitioners make submissions in the case with utmost sensitivity. “Any misinformation may aggravate the situation in the state. Things are slowly returning to normalcy after a lot of effort from the central and state governments,” said the S-G, as he handed over the latest status report on the situation in the state.

Asking Gonsalves to come back with some “concrete” and “positive” suggestions on Tuesday when the matter will be taken up again, the bench remarked: “Please remember that we are not running the security apparatus or the law-and-order apparatus. We can certainly be a facilitator though. You give us some suggestions and we will ask the Centre and the state to consider them.”

Responding, Gonsalves said that he was “sceptical” since the violence against the tribals has witnessed a constant rise despite the pendency of the case before the apex court, but the bench retorted: “Your scepticism cannot lead us to take over law-and-order machinery nor can the high court do it. It is essentially for the state to do it. We want to make three things clear. First, this Court should not become a platform for further escalation of violence. Second, we are clear that we are not running the security apparatus. And third, if there are certain corrective orders that can be passed by us to improve the situation, we can do it since we, as a constitutional court, have enormous powers to issue such orders.”

During the hearing, advocate Nizam Pasha, appearing for one of the intervenors, sought the court’s interference into a Manipur government’s order threatening the government employees of a salary cut if they do not show up at work.

The bench requested S-G Mehta to look into it. “We don’t want people to suffer the loss of pay etc in a situation like this. Please, look into this,” it told the law officer, who agreed to convey the bench’s sentiments to the authorities in the state.

The Court also agreed to hear on Tuesday an appeal filed by the Manipur government against the July 7 order of the Manipur high court, for restricted internet access in the state. S-G Mehta pleaded for an urgent hearing on the ground that the “situation keeps changing” and thus, the high court order requires a relook. On July 7, the high court ordered the state government to carry out “physical trials” of partially restoring internet services in the state, where data services have been snapped since ethnic clashes broke out on May 3, appearing to agree to a suggestion by an expert panel to restart a severely restricted form of connectivity.

Ethnic clashes have engulfed Manipur since early May, leading to widespread deaths, injuries and displacement. The state’s fault lines were exposed in the first week of May after a rally by a tribal Kuki group to protest against a court-ordered move to consider the inclusion of the dominant and politically stronger Meitei community to the Scheduled Tribes (ST) list sparked a wave of violence between the two communities.

The three violent days between May 3 and 6 that closely followed a controversial high court order and the protest march left 115 dead, over 310 injured, and over 40,000 displaced from their homes. On March 27, a single-judge bench of the high court directed the state government to consider sending within four weeks a recommendation to the Centre on the demand for the ST status by the Meitei community. The order, released in April, asked the Manipur government to make its stand clear to the Union tribal affairs ministry.

Last month, the Union government formed a three-member inquiry panel led by former chief justice of Gauhati high court Ajai Lamba, and also a peace committee to restore amity among warring ethnic groups. But the Kuki representatives have refused to associate with the peace committee citing the presence of chief minister N Biren Singh, who has been accused by the Kukis of favouring his community, the Meitei.

Read here: Kerala Bishop council president urges PM to restore peace in riot-hit Manipur

Comprising at least 53% of Manipur’s population, the majority Meitei community is considered relatively affluent while the Naga and Kuki, who constitute about 44% of the population, mainly live off agriculture on the hills and are economically deprived. While the Meitei are mostly Hindu, the Naga and Kuki-Zomi are mainly Christian. Manipur has a nearly equal population of Hindus and Christians, at a little over 41% each, according to the 2011 census.

Apart from being the majority community, the Meitei also have more representation in the state assembly. That’s because 40 of the 60 Assembly seats in the state are from the Imphal valley region – the area that is mostly inhabited by the Meitei. But the fertile valley makes up about a tenth of the total land mass of the state while the hills account for 90%.