The Supreme Court is not a platform to be used for escalating tensions in Manipur, the apex court observed on Monday, while asking the warring ethnic groups to exercise restraint during the court proceedings.
The court also made it clear that it cannot take over the law and order and security apparatus to bring an end to the ethnic strife and violence in Manipur which is the duty of the Centre and the state government.
"We don't want the proceedings and this court to be used as a platform for escalation of violence and other problems in the state. We cannot take law and order and security apparatus in our hands. It is for the Union of India and the Manipur government to ensure security. This is a humanitarian issue," a bench of Chief Justice DY Chandrachud and Justice PS Narasimha told senior advocate Colin Gonsalves, who appeared for NGO 'Manipur Tribal Forum'.
The bench, which took on record a fresh status report filed by the chief secretary of Manipur, asked Gonsalves and other lawyers appearing for different organisations representing the ethnic Kuki and Meitei groups, locked in a bloody conflict in the northeastern state, some others entities and the high court bar association of Manipur to peruse the updated status report and give positive suggestions by Tuesday for bringing an end to the violence.
Gonsalves asserted the state government had said at the last hearing that 10 people had lost their lives in the conflict but the death toll has now risen to 110, and violence continued unabated.
"Your scepticism cannot lead us to take over the law and order into our hands. This is up to the Centre and the state government. This is what elected governments are for. We are very clear about the remit of the Supreme Court. We at the most can issue directions to the authorities to ensure security and for that we need assistance from different parties before us," the bench told the senior lawyer.
The top court is hearing a batch of petitions filed by different NGOs, including the one by 'Manipur Tribal Forum', which has sought Army protection for the Kuki tribe, Dinganglung Gangmei, the chairman of the Hills Area Committee of the Manipur Legislative Assembly, who has challenged the high court's order on designating the Meitei community as a Scheduled Tribe, the high court bar sssociation and others.
During the hearing, Solicitor General Tushar Mehta, appearing for the state government, said as directed by the court, an updated status report has been filed.
He claimed things are returning to normal after concerted efforts by the the Centre and the state government.
The moment Gonsalves alleged everyone in the state was against the Kuki tribe, the bench restrained him from proceeding further, asserting the court cannot be used as a platform for escalating tensions in the state.
It told him whatever 'positive suggestions' he has can be put in a note which will be given to the Centre and the state for initiating suitable action.
When another lawyer from Manipur tried to intervene, saying he can apprise the court about the situation prevailing at ground zero, the bench told him it understands his feelings but there are some modalities under which the court works and arguments are made.
One of the lawyers pointed to some interviews Gonsalves gave on the issue responding to which the bench said it is not going to 'police a lawyer' and asked Gonsalves to address the concerns being raised.
The counsel appearing for the Manipur High Court Bar Association said he has a positive suggestion that the blockade of the 10 km stretch of a national highway, which is a lifeline of the state, should be removed so essential supplies are not disrupted.
Advocate Nizam Pasha said a circular was issued by the state government in June asking its employees to report for duty by a scheduled date or face pay cut.
The bench asked Mehta to look at the suggestions made by the high court bar association and seek instructions on the circular about the pay cut.
It said the matter will be taken up for resumed hearing on Tuesday.
On July 3, the top court had directed the state government to file an updated status report giving details of the steps taken for rehabilitation of those displaced as a result of the ethnic conflict, improving the law and order situation and recovery of firearms, many of which were looted from state armouries.
At least 150 people have been killed and several hundred injured since ethnic violence broke out in the state on May 3, when a 'Tribal Solidarity March' was organised in the hill districts to protest against the Meitei community's demand for Scheduled Tribe (ST) status.
Meiteis account for about 53 per cent of Manipur's population and live mostly in the Imphal Valley. Tribal Nagas and Kukis constitute 40 per cent of the population and reside in the hill districts.
On May 17, the CJI-led bench had 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 had asked the solicitor general to advise the constitutional functionary restraint.
Manipur was simmering since March 27, the day the high court asked the state government to send a recommendation to the Centre within four weeks on the demand for ST status to the majority Meitei community, a move the Kukis and other tribal groups apprehend will shear them of many of their rights.
