‘Will not issue directions to Army; Civilian control over armed forces hallmark of democracy’: SC on Manipur violence

‘Will not issue directions to Army; civilian control over armed forces hallmark of democracy’: SC on Manipur violence

The Supreme Court Tuesday declined to issue directions for the deployment of Indian Army and paramilitary forces in particular tribal areas in violence-hit Manipur, saying that in the history of the country it had not given such directions to the Army, which has always remained under civilian control as hallmark of democracy.

A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and Manoj Misra said the maintenance of law and order and the preservation of the security of the state, are essentially matters which fall in the executive domain.

Also Read | Manipur Governor requests PM Modi to meet community leaders for 'durable solution'

However, "We would impress upon both the Union of India and Manipur to make sufficient arrangements so as to ensure protection of lives and properties of all inhabitants," the bench said.

The court also assured senior advocate Colin Gonsalves, appearing for Manipur Tribal Forum, that it was monitoring the situation and would pass some calibrated orders related to providing compensation, and other relief measures.

The court also asked the parties to maintain equilibrium and balance in public statements and avoid any kind of hate speech.

With regard to Gonsalves' suggestion to the court to direct the Indian Army and paramilitary to take particular steps, the bench said, "Frankly, in the history of our nation and in the last 70 years, the Supreme Court has not given directions (to the Indian Army)….One of the great hallmarks of democracy is civilian control over the armed force. Let us not breach that. That is one of the strong points of this nation. We will not issue directions to the Indian Army".

The court had on Monday sought suggestions on the latest status report submitted by the Manipur government.

Gonsalves claimed despite multiple assurances, the violence has not stopped that and it could escalate sharply in the months to come, as indicated by the beheading of a tribal in July, in addition to the killing of a mentally challenged tribal woman.

He sought a direction for immediate arrest and prosecution of Meitei leader Pramot Singh for an alleged open call for genocide.

“We are of the view that it will not be appropriate for this court in exercise of judicial function to direct the Army and paramilitary forces to be deployed at certain places. However, we impress upon the state and the Union (of India) to ensure there is protection of life and liberty of people in Manipur,” the bench said.

"It is very dangerous for us to say where a particular battalion would be deployed,” the bench said.

"We are monitoring the situation and we are conscious of the remit of the Supreme Court," the bench added.

The court asked Solicitor General Tushar Mehta, representing the Manipur government, to file an action-taken report on the suggestions made by counsel of various parties in the matter within one week.

The top court was hearing a batch of pleas in connection with the ethnic violence in Manipur, triggered on May 3 after the High Court's judgement to consider granting the Scheduled Tribe (ST) status to Hindu Meitei community.

In its latest status report, the state government had on Monday told the Supreme Court that it is making all efforts in safeguarding the rights and security of all inhabitants.