In a significant turn of events, the Manipur High Court has taken a decisive step by deleting a paragraph from its March 27, 2023, order, which had recommended the inclusion of the majority Meitei community in the Scheduled Tribe (ST) list. This move comes amidst ongoing ethnic clashes between the Meiteis and tribal Kukis, believed to have been sparked by the initial court order.
The paragraph in question, identified as Paragraph 17(iii) of the judgment, was removed from the order, directing the first respondent to consider the case of petitioners for the inclusion of the Meitei community in the ST list expeditiously. The deletion of this paragraph marks a significant shift in the court’s stance on the matter.
The decision to remove the paragraph was made by a bench led by Justice Golmei Gaiphulshillu, who noted that the inclusion of the Meitei community in the ST list was based on a misconception of the law. The petitioners reportedly failed to properly assist the court during the hearing, leading to this misunderstanding of the legal framework surrounding the issue.
Justice Gaiphulshillu highlighted that the March 2023 order contradicted a Supreme Court judgment in the State of Maharashtra vs Milind & Ors case. The apex court had unequivocally ruled that courts cannot modify, amend, or alter the ST list, thereby rendering the direction given in Paragraph 17(iii) invalid.
In light of this discrepancy, the Manipur High Court deemed it necessary to delete the directive provided in the contentious paragraph. The decision to remove the paragraph underscores the court’s commitment to upholding legal principles and adhering to established judicial precedents.
The removal of the paragraph is likely to have implications on the ongoing ethnic tensions between the Meiteis and tribal Kukis. The initial order recommending the inclusion of Meiteis in the ST list had fueled discontent among the Kukis, leading to clashes that have claimed numerous lives and disrupted peace in the region.
Sources By Agencies