Will knock the door of SC if rights of Himachal Pradesh not given by the Centre: CM
Chief Minister Sukhwinder Singh Sukhu has said that he will meet the Union Ministers to release the aid to Himachal under the Post Disaster Need Assessment (PDNA).
The apex court sought details about the security, relief and rehabilitation of the people affected by the violence between Meitei and Kuki communities.
Reminding the Manipur government that maintaining law and order was the responsibility of the State government, the Supreme Court on Wednesday sought a fresh status report on the security, relief and rehabilitation of the people affected by the violence between Meitei and Kuki communities.
Seeking fresh status report relating to the steps to ameliorate the plight of the violence affected people, a bench of Chief Justice D.Y. Chandrachud, Justice Pamidighantam Sri Narasimha and Justice J.B. Pardiwala said that maintaining law and order is a state subject and as the Supreme Court, it will ensure that the political executive does not turn a blind eye on the matter.
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“We can’t say who is responsible for this… law and order is a State subject. We as the apex court can ensure they don’t turn a blind eye. We must as a court also understand that some matters are entrusted to the political arm (of the executive),” said the Chief Justice Chandrachud.
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The Centre and the state government told the top court that a status report has been filed and the situation has improved in the State.
The Manipur government in its stratus report has said that a total of 318 relief camps have been opened where more than 47,914 persons being provided ration, food, water and medical care including medicines and a total of 626 FIRs have been registered so far.
“The provision for ration, food, water and medical care & medicines are being arranged by the District Magistrates with Sub-Divisional Magistrates, Executive Magistrates and District level Officers of concerned line Departments by deputing responsible Officers.
The State government has also sanctioned a contingency fund of Rs. three crores for meeting exigencies involving relief measures and it has been decided that to earmark 25 percent of the MLA Local Area Development Fund for relief measures in respective assembly constituencies, says the affidavit by the Manipur government.
It further says that the State Home Department had issued instructions to Director General of Police and all District SSP to register FIRs of all reported cases irrespective of jurisdiction and also to take up action on suo motu basis for the incidents within its jurisdiction.
A total of 626 FIRs have been registered so far. The administration has also taken possession of a firearms from a large number of people that includes 1,070 arms, 27,110 ammunition. Besides this, it has recovered 456 arms, 6,819 ammunition.
Focusing on the measures on the security, relief and rehabilitation of the violence affected people, the court said that it will not deal with the legal issues arising out of the Manipur High Court’s decision, directing the State government to recommend to the Centre the inclusion of the Meitei community in the Scheduled Tribe list.
The top court said this noting that the pleas challenging the order of the single judge were pending before the division bench of the High Court.
The court said that the tribals can move the division bench of the Manipur High Court with their grievances on the quota issue.
The top court questioned the Manipur High Court for its order asking the State government to recommend to the Centre the inclusion of Meitei in the scheduled tribe list.
Initially CJI Chandrachud said, “We have to stay the order of the Manipur High Court. It is completely, factually wrong and we gave time to Justice Muralidharan to remedy his error and he did not. We have to take a strong view against it now. It is clear if High Court judges do not follow Constitution bench judgments, then what should we do… it is very clear.”
However, the top court refrained from staying it as it noted that an appeal has been filed before the division bench of the High Court against the judgment of the single-judge and next date of hearing is June 6 there. It said aggrieved parties can present their case before the division bench.
The top court took into account security apprehensions of Meitei and Kuki communities and ordered that the Chief Secretary and his Security Advisor will assess and take steps to ensure “peace and tranquillity” in the State.
Solicitor General Tushar Mehta appearing for Centre and Manipur government said that an application was filed before the single judge to grant extension of time and the judge has granted time for considering direction to send a recommendation by one year.
He said that considering the position on the ground, the government chose not to seek stay of the order and only seek extension of time, because it would have an impact on the situation on ground.
“In all fairness, it was the decision of the government to only ask for extension, because it’s one tribe versus another,” Solicitor General added.
Senior advocate Ranjit Kumar appearing for one of the petitioners for the Meitei community said the illegal immigrants are coming from Myanmar and they are wanting to settle in Manipur.
They are involved in poppy cultivation and that is how these militant camps are growing therein. This is the larger problem leading to the situation and militant camps are coming out of Myanmar, he added.
Solicitor General Mehta agreed with Ranjit Kumar and said “concern about illegal immigrants from Myanmar is correct”.
Seeking a fresh status report, the bench posted the matter for further hearing in the first week of July.
In the last hearing of the matter on May 8, the top court had expressed concern over the loss of lives and properties in Manipur during the violence between Meitei and Kuki communities, and had sought a status report from the Centre and the State government on the steps being taken for the safety, and the rehabilitation of displaced people including protection of religious places.
The court had said, “We are concerned very deeply about the loss of lives and properties” and what arrangements have been made to help the people including availability of food, and medical care, describing it a “humanitarian issue”.
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