New Delhi: The Supreme Court Tuesday refused to issue directions to the Indian Army and paramilitary forces to take steps to provide security in tribal areas in Manipur, saying that in the history of the country, the apex court has not given directions to the Indian Army.
A bench headed by Chief Justice of India D Y Chandrachud and comprising justices P S Narasimha and Manoj Misra said: “Mr Colin Gonsalves this cannot be the tenor of the suggestions. For instance, you are asking the court to direct the Indian Army and paramilitary to take particular steps (to provide security in the villages). Frankly, in the history of our nation and in the last 70 years, the Supreme Court has not given directions (to the Indian Army)….One of the great hallmarks of democracy is civilian control over the armed force. Let us not breach that. That is one of the strong points of this nation. We will not issue directions to the Indian Army...”
The bench made these observations while considering suggestions made by a counsel representing the tribals against the backdrop of the latest status report submitted by the Manipur government in the court. The top court was hearing a batch of pleas in connection with the ethnic violence in Manipur.
Senior Advocate Colin Gonsalves, representing the Manipur Tribal Forum Delhi, submitted that despite multiple assurances of counsel of the government, the violence has not stopped in Manipur, and it could escalate sharply in the months to come, as indicated by the beheading of a tribal in the first week of July, and also killing of a mentally challenged tribal woman.
Gonsalves pressed that immediate steps are required for the protection of the tribals as a call of genocide have been sent out, while seeking immediate arrest and prosecution of Meitei leader Pramot Singh. Gonsalves cited Singh’s interview with a news organization where he allegedly claimed to destroy and annihilate the Kukis.
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The top court said, “The maintenance of law and order and the preservation of the security of the state, are essentially matters which fall in the executive domain…We are of the view it would not be appropriate for the court to exercise its power judicial function to issue specific directions in regard to the deployment of the Army and paramilitary forces which must be left to the state administration and the Union of India to oversee. At the same time, we would impress upon both the Union of India and Manipur to make sufficient arrangements so as to ensure the protection of lives and properties of all citizens of Manipur”.
The bench stressed, “Where exactly a particular battalion should be deployed is very dangerous for us into…”. The CJI assured Advocate Gonsalves that judges are here and monitoring the situation, and “becomes necessary for us to pass some calibrated orders even beyond what we had done, we will not shy of it….we are conscious of judicial remit and we are overseeing…”
Solicitor General Tushar Mehta, representing the Manipur government, insisted that the state government and the Centre are working together to normalize the situation. The bench directed the state government to file an action-taken report on the suggestions made by the counsel of various parties in the matter within one week.
The Manipur government, in its latest status report, has told the Supreme Court that it is putting its best effort into safeguarding the rights and security of all irrespective of caste, creed, religion and tribe/ community. The state government emphasized that it is also committed to taking into account the claims and counterclaims of all stakeholders and communities in a holistic manner to bring normalcy to the state at the earliest.
The state government submitted that security deployment is being planned, implemented and reviewed on a daily basis by the security advisor to the government of Manipur, and the state police are spearheading the efforts to bring normalcy to the state under the leadership of the newly appointed Director General of Police.
