Thread by @LiveLawIndia

#SupremeCourt to hear petitions pertaining to #ManipurRiots today.

Petitions include- Manipur Tribal Forum Delhi seeking SIT probe into #ManipurViolence & relief of victims and; another challenging Manipur HC order on suggesting inclusion of Meiti community in ST list.

SG Mehta: We have filed our status report. Situation has improved a lot other than some sporadic incidents. Let us wait for some time.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

SG Mehta: Let peace and tranquility be established.

CJI DY Chandrachud: We also need status on rehabilitation of victims.

SG Mehta: Yes, we've shown.

#SupremeCourtOfIndia
#SupremeCourt

Counsel: I am surprised at the status report. Not a word about killings.

SG Mehta: Because our purpose is different. Our purpose is to restore peace.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

SG Mehta reads status report to show how the Union has provided relief to victims of the riots.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

Justice Narasimha: What happened in HC?

SG Mehta: We've moved a writ appeal also and asked the single judge also to extend to one year. It's one tribe versus another so it was a conscious decision.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

CJI DY Chandrachud: I think we have to stay the order of the HC. We have given Justice Muralidhar time to correct himself but he did not.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

SG Mehta: In all fairness, it was the decision of the government to only ask for extension. Because it's one tribe versus another.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

CJI DY Chandrachud: I mean it's very clear- from Milind's case too- if HC doesn't follow constitution judge benches then what to do.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

SG Mehta: Considering the position on the ground, we chose not to seek stay and only seek extension. Because it would have impact on situation on ground.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

Adv Colin Gonsalves (quoting a judgment): Courts cannot and should not intervene in conferment of status of ST...Said law cannot be amended and varied except laws made by the parliament.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

The bench discusses amongst itself.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots

Justice Narasimha: Are you appearing before the DB?

Gonsalves: No

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: Now that the appeal has been filed before the HC, you can appear before them

Gonsalves: We can't appear before the HC. No lawyer is appearing before the HC because the village is 1 km away... it's very dangerous.

#SupremeCourtOfIndia
#SupremeCourt

Gonsalves: It's not possible for them to go... neither the victims can go nor the lawyers.

SG Mehta: That's factually incorrect.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Gonsalves: No kuki lawyer or victim can go there. It's very dangerous.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: You can appear by virtual hearing. Ask the Chief Justice to accomodate...

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Gonsalves: I want protection from the army. Army protection is required.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: Status report is filed by Manipur indicating steps taken to ensure law and order in the state, details of relief camps, compensation made available in account of death, security measures taken to protect religious places, transportation, registration of FIR

CJI DY Chandrachud: The status report also states-
1. A Writ appeal has been filed by All Manipur Tribal union against the judgment of Justice Muralidharan.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: The writ appeal has been entertained by DB of HC and it has been listed on 6 June 2023. An application was moved by state of Manipur before the single judge for extension of time.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: The single judge has granted extension of time for directions.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: SG Mehta states that the state government has moved the single judge for extension of time by one year till situation normalises.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: Mr Gonsalves submits that the direction by single judge is contrary to position established by law. Since the appeal is pending before the HC, we provide liberty for submissions to be made before DB.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Gonsalves: Can I show what I'm asking for urgently today? This is the area showing imminent attack on tribals...

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

SG Mehta: If there is any apprehension...

Gonsalves: Yes there is.

SG Mehta: May I suggest...

Gonsalves: No, you may not.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Gonsalves: These are villages where attacks are likely to happen. The Indian army must protect these persons. Because the police are on the side of assailants.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

SG Mehta: It's wrong to say that attacks may happen here...

Gonsalves: 18 people killed...Let the army go to these villages.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Gonsalves: Day by day attacks are happening. Here is a list of villages where attacks will happen next. Planning is taking place by two very militant organisations... it's under the Chief Minister.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: Certain apprehensions have been expressed on behalf of petitioners. They have sought appropriate directions so that steps can be taken in sensitive areas.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI: The apprehensions be taken into account by authorities who are monitoring the situation.
Copy be sent to Chief secretary of state of Manipur together with security advisor.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Sr Adv Ranjit Kumar: There is an IA by High Court Bar Association of Manipur. There are illegal immigrants coming from porous borders of Myanmar and they're creating these issues. They want to settle here. They're into big poppy cultivation and drugs.

#SupremeCourtOfIndia

Kumar: This is the larger issue which is happening. The militant camps are coming out of Myanmar.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI: The apprehensions set out in other IAs shall also be taken into account by law enforcement authorities as directed above.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: Let the government of Manipur give us a fresh status report after reopening of court.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI: There are allegations from both sides. We can't go ascertain the allegations by either sides. We have flagged those concerns and we have said that they're being filed by both sides and we've directed the security officer to take in account and ensure peace and tranquility.

CJI DY Chandrachud: 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.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: We must as a court also understand that some matters are entrusted to the political arm.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Adv Nizam Pasha: A prayer we've asked for is that officers should be restrained from making statements which are openly communal. CM is saying that unrest is caused by Kuki foreigners. Her said they are "destroying Manipur by Christianity, drugs..."

#SupremeCourt

CJI DY Chandrachud: Mr Solicitor, some restraint must be there...

SG Mehta: That will be ensured.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

CJI DY Chandrachud: We will not get into area of politics and policy.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence

Pasha: Some victims are outside state so the compensation given to them...

SG Mehta: That depends on where you're from. I'm sorry. If they're from Myanmar, it'll be different. We'll take administrative decisions.

#SupremeCourtOfIndia
#SupremeCourt #ManipurViolence