[Manipur Violence] "We cannot breach civilian control over Army": Top Court refuses to issue directions for providing security

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Synopsis

Yesterday, when senior advocate Colin Gonsalves sought to raise the issue of killings of Kukis, the top court bench had said, "We don't want this platform to escalate the situation or furthering violence. We cannot take over and law and order apparatus on the ground. It is for the elected government."

The Supreme Court today refused to issue directions to the Indian Army for providing security in tribal areas in Manipur.

A CJI DY Chandrachud led bench refused to act on this suggestion made by Senior Advocate Colin Gonsalves who was appearing before the bench on behalf of the petitioners.

"We cannot breach the hallmark of Indian democracy which is civilian control over the army...", CJI said.

The bench also comprising Justices PS Narasimha and Manoj Mishra added that maintenance of law and order fell within the domain of the elected government and it would be inappropriate for the Court to issue directives to the Army.

Court accordingly directed the State and Central governments to ensure protection of life and liberty of citizens in Manipur.

The bench today also took on record the suggestions made by Advocate Nizam Pasha. Forwarding then to SG Tushar Mehta, court has asked the government to look into them and carry out whatever is possible.

Yesterday, the Manipur government had told the Supreme Court that it is putting best effort in safeguarding rights and security of all inhabitants irrespective of caste, creed, religion and tribe or community.

In an updated status, the state government sought permission from the court for taking its own recourse to take up possible steps to bring normalcy in the state after exercising due diligence and without interference in terms of legal, security, political intervention, dialogue, rehabilitation, resettlement, compensation, etc. 

As far as confidence building measures are concerned, the state government said the central government has constituted a Commission of Inquiry headed by Justice Ajay Lamba, former Chief Justice of Guahati High Court for the purpose of making an inquiry into a definite matter of public importance, namely, incidents of violence.

Amidst tensions escalating in the State of Manipur, two Special Leave Petitions (SLPs) were filed before the Supreme Court last month against the High Court's order directing the Centre and the State governments to include the Meetei/Meitei community of the State in the Scheduled Tribe list of the Indian Constitution as a "tribe" of Manipur.

The Supreme Court had then asked the State of Manipur to make due arrangements in the relief camps organised by the government and all necessary precautions must be taken for rehabilitation of displaced persons.

Last week, State of Manipur had informed the Supreme Court that the situation in the state was improving by slowly.  CJI Chandrachud led bench had then asked the state to file an updated status report on the situation. 

Case Title: DINGANGLUNG GANGMEI Vs. MUTUM CHURAMANI MEITEI & ORS.