Manipur High Court modifies controversial order on Meiteis that sparked ethnic violence

The Manipur High Court has deleted a controversial paragraph from its March 27, 2023 order that directed the state government to consider including the Meitei community in Scheduled Tribe status.

The last year's order had sparked ethnic violence in the restive region, with the Kuki tribal opposing the court's direction.

The paragraph of the last year verdict stated the state government "shall consider the case of the petitioners for inclusion of Meetei/Meitei community in the Scheduled Tribes list, expeditiously, preferably within a period of four weeks" from the date of receipt of the order.

Justice Gaiphulshillu's ruling on February 21 emphasised the necessity of removing the directive, pointing to the Government of India's stipulated procedure for Scheduled Tribe list amendments.

Justice Gaiphulshillu said, "Accordingly, the direction given at para no. 17(iii) needs to be deleted and is ordered accordingly for deletion of the para no. 17(iii) of the judgment and order dated March 27, 2023..," reports PTI news agency.

Referring to the constitutional protocol detailed in the Ministry of Tribal Affairs' 2013-14 report, the court highlighted the need for alignment with the Supreme Court's constitutional interpretation.

"...I am satisfied and of the view that the direction given at Para no. 17(iii) of the single judge dated March 27, 2023...which is impugned herein needs to be reviewed, as the direction given at para no. 17(iii) of the single judge is against the observation made in the constitution bench of the Supreme Court," the high court said in its 19-page verdict.

A bench of Justice Golmei Gaiphulshillu stated that the judgment was passed in a "misconception of law" as the "petitioners failed to assist the court properly at the time of hearing of the said writ petition due to his misconception of fact and law".

Justice Gaiphulshillu also noted that the high court's direction was contrary to the Supreme Court’s decision in the State of Maharashtra vs Milind & Ors, in which the top court had observed that courts cannot modify, amend, or alter the ST list.

The high court's detailed 19-page verdict underlined the legislative limitations on judicial interference concerning Scheduled Tribe classifications, as outlined by a constitution bench ruling in November 2000.

(With PTI inputs)

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