On Wednesday (21st February) The Manipur High Court has nullified the inclusion of the Meitei community in the Scheduled Tribe (ST) list, a decision that comes in the wake of violence and unrest in the region. The court’s ruling revokes the directive aimed at including the Meitei community in the ST category, which had stirred controversy and contributed to ethnic tensions.
Manipur: On Wednesday i.e. 21st February, the Manipur High Court has reversed its decision to urge the State Government to consider adding the Meitei community to the Scheduled Tribes (STs) list, following months of unrest in the region. Justice Golmei Gaiphulshillu stated that the previous directive contradicted the Supreme Court’s decision, which prohibits courts from altering the ST list.
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The now-eliminated directive, part of a judgment issued on March 27, 2023, by former Acting Chief Justice MV Muralidaran, had prompted violence in Manipur. Later, the Supreme Court take a suo motu cognizance. In October last year, a division bench of the Manipur High Court agreed to hear an appeal against the contentious order, filed by the All Manipur Tribal Union and other groups, who argued that tribal rights groups were not consulted in the original petition.
The Manipur High Court has directed the removal of a paragraph from a March 2023 order, which advocated for the inclusion of the Meitei community in the Scheduled Tribe list, citing a conflict with the Supreme Court’s constitution bench.
The now-deleted para in question in the judgment under review stated:
“The first respondent shall consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order in terms of the averments set out in the writ petition and in the line of the order passed in W.P.(C) No. 4281 of 2002 dated 26.05.2003 by the Gauhati High Court.”
During a review petition hearing on Wednesday, Justice Golmei Gaiphulshillu, sitting on a single-judge bench, revoked the directive issued on March 27, 2023, which was perceived as a trigger for ethnic tensions resulting in over 200 casualties.
Senior Advocate M Hemchandra, along with Advocates N Jotendro, Ajoy Pebam, and M Rendy, represented the Meitei parties, while Special Counsel M Rarry appeared for the State of Manipur and Deputy Solicitor General Kh. Samarjit represented the Union Tribal Affairs Ministry.
The petitioners, represented by Senior Advocate M Hemchandra and others, filed a review plea, acknowledging the delicate nature of the issue and urging the State to decide on the inclusion of Meiteis in the ST list.
Justice Gaiphulshillu granted the review plea, deeming the earlier directive inconsistent with Supreme Court precedent and ordering its removal.
Justice Gaiphulshillu has now passed an order on this review plea by deleting the controversial direction.
“I am satisfied and of the view that the direction given at Para No. 17(iii) of the Hon’ble Single Judge dated 27.03.2023 passed in W.P.(C) No. 229 of the 2023 which is impugned herein needs to be reviewed, as the direction given at Para No. 17(iii) of the Hon’ble Single Judge is against the observation made in the Constitution Bench of the Hon’ble Supreme Court,” the judge explained.
The controversial paragraph from last year’s verdict, which urged the state to promptly consider including the Meitei community, was slated for removal.
CASE TITLE: State of Maharashtra v. Milind & Ors.
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