High Court Bar Association, Manipur vs. Union Of India

ITEM NO.17+33 COURT NO.1 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 19206/2023

(Arising out of impugned final judgment and order dated 27-03-2023 in WP(C) No.229/2023 passed by the High Court of Manipur at Imphal)

DINGANGLUNG GANGMEI Petitioner(s)

VERSUS

MUTUM CHURAMANI MEETEI & ORS. Respondent(s)

(IA No.96000/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.96003/2023-EXEMPTION FROM FILING AFFIDAVIT and IA No.96001/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.96002/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES IA No. 100067/2023 - EXEMPTION FROM FILING AFFIDAVIT IA No. 96003/2023 - EXEMPTION FROM FILING AFFIDAVIT IA No. 96000/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No.100064/2023 – INTERVENTION/IMPLEADMENT IA No. 96002/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No.96001/2023 - PERMISSION TO FILE PETITION (SLP/TP/WP/..))

WITH

Diary No(s). 19210/2023 (XIV) ( IA No.96004/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.96006/2023-EXEMPTION FROM FILING AFFIDAVIT and IA No.96005/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.96007/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

W.P.(C) No. 540/2023 (PIL-W) (FOR ADMISSION)

W.P.(C) No. 574/2023 (PIL-W)

W.P.(C) No. 572/2023 (PIL-W)

(FOR ADMISSION and I.R. and IA No.104131/2023-GRANT OF INTERIM RELIEF and IA No.104681/2023-EXEMPTION FROM FILING O.T. and IA

No.104680/2023-APPROPRIATE ORDERS/DIRECTIONS) W.P.(C) No. 576/2023 (PIL-W) (FOR ADMISSION and IA No.105227/2023-GRANT OF INTERIM RELIEF) Date : 17-05-2023 These matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Colin Gonsalves, Sr. Adv. Ms. Hetvi Patel, Adv. Mr. Kaoliangpou Kamei, Adv. Mr. Satya Mitra, AOR Mr. Jaideep Gupta, Sr. Adv. Mr. Ahanthem Henry, Adv. Mr. Ahanthem Rohen Singh, Adv. Mr. David Ahongsangbam, Adv. Mr. Vivek Kumar, Adv. Mr. Mohan Singh, Adv. Ms. Rajkumari Banju, AOR Mr. Ranjit Kumar, Sr. Adv. Mr. Ramakrishnan Viraraghavan, Sr. Adv. Mr. Vishal Prasad, AOR Mr. Nizam Pasha, Adv. Mr. Lzafeer Ahmad B. F., AOR Mr. Sidharth Kaushik, Adv. Mr. Shivendra Pandey, Adv. For Respondent(s) Mr. Sanjay R Hegde, Sr. Adv. Mr. Ahantham Henry, Adv. Mr. Ahantham Rohen Singh, Adv. Mr. Vivek Kumar, Adv. Mr. Ahongsangbam David, Adv. Mr. Mohan Singh, Adv. Mr. Kumar Mihir, AOR

Mr. Tushar Mehta, Solicitor General Mr. Lenin Singh Hijam, Advocate General, Mr. Pukhrambam Ramesh Kumar, AOR Mr. Kanu Agrawal, Adv. Mr. Karun Sharma, Adv. Mr. Sanjay R Hegde, Sr. Adv. Mr. Ahantham Henry, Adv. Mr. Ahantham Rohen Singh, Adv. Mr. Vivek Kumar, Adv. Mr. Ahongsangbam David, Adv. Mr. Mohan Singh, Adv. Mr. Kumar Mihir, AOR

UPON hearing the counsel the Court made the following O R D E R

• 1 A status report has been filed on behalf of the State of Manipur indicating :

  • (i) The steps taken to bring normalcy to the law and order situation in the State;
  • (ii) Details of relief camps which have been opened;
  • (iii) Compensation packages made available on account of death or as the case may be, injury;
  • (iv) Security measures taken for protecting religious places;
  • (v) Transportation of persons who were stranded due to the ongoing crisis; and
  • (vi) Registration of FIRs and the recovery of arms.

• 2 Besides the above aspects, the State of Manipur has adverted to two developments which have taken place before the High Court :

  • (i) A Writ Appeal, MC (WA) No 88 of 2023, has been filed by the Manipur Tribal Union and others against the judgment dated 27 March 2023 of a Single Judge of the High Court of Manipur (Justice M V Murlidharan). The Writ Appeal has been entertained by a Division Bench of the High Court on 15 May 2023. While issuing notice, the Writ Appeal has been directed to be listed on 6 June, 2023; and
  • (ii) An application was moved by the State of Manipur before the Single Judge who passed the order dated 27 March 2023 for extension of time on which the Single Judge has directed that time for considering direction (iii) in the order dated 27 March 2023 shall stand extended by a period of one year.

• 3 Mr Tushar Mehta, Solicitor General states that having due regard to the sensitive law and order situation which emerged in the State, the State Government, at this stage, had moved the Single Judge for extension of time by a period one year so that the situation can normalise in the meantime.

• 4 Mr Colin Gonsalves, senior counsel appearing on behalf of the petitioners submits that the direction which was issued by the Single Judge in the order dated 27 March 2023 is contrary to the settled position of law which has been expounded by a Constitution Bench of this Court in State of Maharashtra Vs

Milind & Ors1 .

• 5 Since the Writ Appeal is pending before the Division Bench, we leave it open to the parties who are aggrieved by the order of the Single Judge to make appropriate submissions before the Division Bench in that regard.
• 6 Any party aggrieved by an order passed by the Division Bench in the Writ Appeal would be at liberty to pursue its rights and remedies before this Court.
• 7 In IA No 103548 of 2023 in Writ Petition (C) No 540 of 2023, certain apprehensions have been expressed on behalf of the petitioners indicating threats to safety. Based on the apprehensions, the petitioners have sought appropriate directions so that necessary steps can be taken for enhancing security measures in sensitive areas. Certain specific villages have also been identified in the IA.
• 8 We direct that the apprehensions which are expressed in the IA shall be taken into account by the authorities who are entrusted with monitoring the law and order situation in the State.
• 9 A copy of the IA shall be forwarded to the Chief Secretary of the State of Manipur and the Security Adviser.
• 10 The competent authorities shall immediately attend to the grievances after due verification and take such appropriate measures as are required to foster
• <span id="page-4-0"></span>1 (2001) 1 SCC 4

confidence and ensure peace and tranquility.

• 11 Similar writ petitions and applications have been filed by other parties before this Court. This includes a writ petition which is instituted by the High Court Bar Association of Manipur.
• 12 The apprehensions which have been set out in the Writ Petitions and as the case may be, applications shall also be taken into account in similar terms by the law enforcement authorities, as directed above.
• 13 List the Petitions on 17 July 2023.

(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR)

AR-CUM-PS ASSISTANT REGISTRAR