Manipur violence: Civilian control over Armed forces can’t be breached, says SC

Satya Prakash

New Delhi, July 11

The Supreme Court on Tuesday took strong exception to the suggestion made by senior counsel Colin Gonsalves, representing Tribal Forum of Manipur, urging it to order deployment of the Army to deal with the situation in ethnic violence-hit Manipur and asserted that the civilian control over the Armed forces can’t be breached.

“One of the great hallmarks of our democracy is the civilian control over the Armed forces. Let us not breach that. That is something which is one of the strong points of this nation. We will not do that. We are not going to issue directions to the Indian Army,” a three-judge Bench led by CJI DY Chandrachud told Gosalves.

“This can’t be the tenor of the suggestions… You (Gonsalves) are asking the court to direct the Indian army and paramilitary forces to take particular steps. Frankly speaking, in the history of our nation in the last 70 odd years the Supreme Court has not given any direction to the Indian Army,” said the Bench which also included Justices PS Narasimha and Justice Manoj Misra.

The Bench, however, said it would impress upon the Centre and the state government to ensure that life and liberty of people was protected in Manipur. “Where exactly a particular battalion will be posted etc. is a dangerous area for us to get into,” it said.

Over 150 people have been killed and several hundred injured since ethnic violence broke out in the state on May 3, when a ‘Tribal Solidarity March’ was organised in the hill districts to protest against the Meitei community’s demand for Scheduled Tribe status.

After considering the suggestions made by lawyers representing various parties to deal with the situation in Manipur, it requested them “to maintain equilibrium in their speeches and steer clear from any sort of hate speech.”

As Gonsalves alleged genocide of Kukis by Meitei groups allegedly supported by the Centre and the Manipur Government, the Bench termed his submissions as “innuendos”.

“If these are given as part of the suggestions then they (governments) will not be able to make any headway anywhere,” it said.

After considering some of the suggestions made by advocate Nizam Pasha, representing one of the petitioners, for relief measures, supply of medicines, and dealing with identification of bodies of victims, the top court asked Solicitor General Tushar Mehta to consider them and file an action taken report within a week.

It asked Mehta who represented both the Centre and Manipur Governmentto consider disbursing compensation for reconstruction of villages and places of worship, and giving adequate representation to communities in committees set up in seven districts of the state to oversee the relief and rehabilitation work.

The Bench also took exception to Gonsalves’ suggestion to set up an SIT consisting of officers other than those from Manipur and the Central Governments to probe alleged attacks on Kukis.