Guwahati:
The Manipur High Court has tweaked its last year’s order about the inclusion of Meiteis in the list of Scheduled Tribes that was followed massive ethnic violence in the northeastern state. The detailed order that came today, deleted the direction to the state government to consider addition of the Meiteis in the Scheduled Tribe list ‘expeditiously, preferably within four weeks,” which had incensed the Kuki community.
Over 200 people had died in the state since May last year and the state is yet to come back to normal.
In its order today, the High Court cited a previous order of a constitution bench of the Supreme Court that laid down the process for inclusion and exclusion of tribes in the Scheduled list. The responsibility belongs to the Central government and the courts have no role in it. The top court had also observed that courts cannot modify, amend or alter the ST list.
In its earlier judgment, the High Court had said, “The first respondent (meaning the state) 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.”
The order by Justice Golmei Gaiphulshillu today said the direction was contrary to the Supreme Court’s decision in State of Maharashtra v. Milind & Ors, in which the top court had observed that courts cannot modify, amend or alter the ST list. “Accordingly, the direction given at Para No. 17(iii) needs to be deleted and is ordered accordingly for deletion,” the judgment read.
The direction of the former Acting Chief Justice MV Muralidaran, given on March 27, 2023, was questioned by the Supreme Court when the Kuki community had approached it.
In a hearing held in May last year, A bench headed by Chief Justice of India DY Chandrachud had taken strong exception to the order and termed it “obnoxious”.
“I will tell you (lawyers) one thing that the high court order was incorrect… I think we have to stay the order of the high court. The high court order is absolutely wrong,” the bench had said.
“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, what we should do,” the bench had said. It, however, did not scrap the order since a case on it was pending in a division bench.
The tweaking of the court order, however, does not mean the end of the road for the Meiteis for inclusion in the Scheduled list.
The matter is now being discussed between the state and the Centre, which is expected to proceed independently. On May 29 last year, the Centre had asked the state to send its recommendations and the points based on which the Centre will take a call on the issue. The state is yet to send this recommendation.
