#BREAKING [Manipur Violence] "Court Has To Go By The Law Not By Sentiment": SC Refused To Entertain Contempt Petition

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The Supreme Court dismissed a contempt petition against Manipur authorities for failing to protect the properties of displaced persons during the recent violence in the state. The court stated that no contempt was made out and the encroachers should be made parties to the case before any action can be taken.

[Manipur Violence] "Court Has to Go by the Law Not by Sentiment": SC Refused to Entertain Contempt Petition — [Manipur Violence] “Court Has to Go by the Law Not by Sentiment”: SC Refused to Entertain Contempt Petition

NEW DELHI: Today (24th May): The Supreme Court refused to entertain a contempt petition filed against the Manipur state authorities for their non-compliance in protecting the properties of displaced persons and those that were burnt or destroyed during the violent clashes in the state.

The two-judge bench, comprising Justices Bela M Trivedi and Pankaj Mithal, stated that

“no contempt is made out” and that the court has to go by the law rather than sentiment. The bench further clarified that if any protection is required, the petitioner can file separate proceedings, but the current petition was dismissed as the petitioner was unable to identify the specific encroachers on the displaced persons’ properties.

The counsel for the petitioner had informed the court that some individuals have taken over the houses of the displaced persons and put up the names of their organizations on the properties, which are predominantly located in Imphal. The counsel also alleged that the authorities are allowing these encroachments to happen in the presence of the police.

Earlier, the Supreme Court had directed the Manipur Government to ensure the protection of the properties of the displaced persons and those that were destroyed or burnt during the violence, and to remove any encroachments. However, the court has now stated that until the encroachers are made parties to the case, no action can be taken against them.

“The Manipur government must ensure the protection of the properties belonging to the displaced individuals, as well as the properties that were destroyed or burnt during the violence. They must also prevent any encroachment on these properties. If any property has been encroached upon, the encroachers must be directed to immediately remove their encroachment. Failure to do so will result in the encroachers being held liable for contempt of court for not complying with the orders of the Supreme Court of India.”

The Additional Solicitor General, Aishwarya Bhati, opposed the submissions, arguing that these cases are filed “to keep the pot boiling” and that the state and central governments are doing their best to maintain harmony in the state.

Justice Trivedi reiterated,

“How can a contempt of court charge be upheld in this case? That doesn’t mean we will issue a contempt notice against the government secretary. If the authorities fail to take action, it will not amount to contempt, but rather, non-compliance. The encroachers themselves will be liable for contempt of court. But how can we issue a contempt notice against the secretaries?” The court made it clear that until the encroachers are made a party to the case, no further action can be taken.

In May of last year, Manipur descended into a state of chaos and violence in response to a high court order directing the state government to consider including the non-tribal Meitei community in the list of Scheduled Tribes.

The unrest was sparked when a ‘Tribal Solidarity March’ was organized in the hill districts to protest against the majority Meitei community’s demand for Scheduled Tribe (ST) status. This led to widespread ethnic clashes, resulting in the death of more than 170 people and hundreds of others being injured since the violence first erupted on May 3rd.

The violent conflict was a direct consequence of the high court’s directive to the Manipur Government to deliberate on the Meitei community’s request for inclusion in the ST list, which triggered strong opposition from the existing tribal groups in the state.