New Delhi: The Supreme Court on Friday said it cannot act on emotions and has to act as per law as it slammed the Supreme Court for allegedly not following the top court's order to protect the properties of displaced people. Refused to consider petition seeking contempt action. During Manipur violence.
A vacation bench of Justices Bela M Trivedi and Pankaj Mithal said it was not satisfied with the argument that a case of contempt has been made out against the respondents, including the Chief Secretary of Manipur, and the petitioners can take recourse to available remedies. under the law.
Additional Solicitor General Aishwarya Bhati, appearing for Manipur, told the bench that no case of contempt was made out and the state government and the Center were making every effort to address the concerns of the public.
Bhati said, “The attempt is to keep the matter heated which is very unfortunate.'' He said the state is duty bound to protect everyone and it can file an updated status report on the issue.
The top court was hearing a petition claiming that the respondents had disregarded its order of September 25 last year on protection of properties of people displaced during the ethnic conflict.
"Who do you think is being contemptuous?" The bench asked the petitioner's counsel who were the Chief Secretary and others?
The bench retorted, "They are not encroachers."
When the counsel said that the petitioners are living outside Manipur and am I in no position to go anywhere near Imphal, the bench said, "This does not mean that a notice should be issued against the Chief Secretary."
Bhati cited the order dated September 25 last year which said Manipur state and the Center have been given a week's time to respond to the directions, including ensuring protection of properties of displaced persons and preventing their encroachment."We had filed a status report. We may file an updated status report," he said. He said that the state is duty bound to protect its citizens and their properties.
Bhati said, “As we speak, Manipur is still in a state of uneasy peace. There are conflicting views and the state and central governments are trying to convince everyone.,
When the counsel for the petitioners claimed that their property was looted in the presence of the police and that they could place those videos before the court, the law officer objected and said that baseless allegations were being made.
"They (officials) are duty bound to protect the properties. They are bound to carry out the orders of this court and the government. There is no doubt about that," the bench said.
Noting that no contempt has been filed against the Chief Secretary and other respondents, the bench said, "Do not put pressure on the officers in this manner".It said that the petitioners can file appropriate proceedings under law.
"We have full sympathy with you. Your properties have to be protected but that does not mean that we have to issue contempt notices to the respondents," the bench said.
When the counsel for the petitioners said, “Your Lordships look at the message that is being sent today…”, the bench said, “We have to follow the law. We cannot act on the basis of emotions.,
The bench said that it is not satisfied with the claim that contempt proceedings against the respondents are maintainable in respect of the order dated September 25, 2023.
"Needless to say, if the petitioners are aggrieved by any other action or inaction on the part of the respondents, they will be at liberty to take recourse to the remedies available under law," it said.
Chaos and violence had erupted in Manipur in May last year following a High Court order directing the state government to consider including the non-tribal Meiti community in the list of Scheduled Tribes.
More than 170 people have been killed and several hundred others injured since caste violence first broke out in the state on May 3 last year, when a 'Tribal Solidarity March' took place in the hill districts to protest against the demand for ST status for the majority Meitei community. was conducted.
A vacation bench of Justices Bela M Trivedi and Pankaj Mithal said it was not satisfied with the argument that a case of contempt has been made out against the respondents, including the Chief Secretary of Manipur, and the petitioners can take recourse to available remedies. under the law.
Additional Solicitor General Aishwarya Bhati, appearing for Manipur, told the bench that no case of contempt was made out and the state government and the Center were making every effort to address the concerns of the public.
Bhati said, “The attempt is to keep the matter heated which is very unfortunate.'' He said the state is duty bound to protect everyone and it can file an updated status report on the issue.
The top court was hearing a petition claiming that the respondents had disregarded its order of September 25 last year on protection of properties of people displaced during the ethnic conflict.
"Who do you think is being contemptuous?" The bench asked the petitioner's counsel who were the Chief Secretary and others?
The bench retorted, "They are not encroachers."
When the counsel said that the petitioners are living outside Manipur and am I in no position to go anywhere near Imphal, the bench said, "This does not mean that a notice should be issued against the Chief Secretary."
Bhati cited the order dated September 25 last year which said Manipur state and the Center have been given a week's time to respond to the directions, including ensuring protection of properties of displaced persons and preventing their encroachment."We had filed a status report. We may file an updated status report," he said. He said that the state is duty bound to protect its citizens and their properties.
Bhati said, “As we speak, Manipur is still in a state of uneasy peace. There are conflicting views and the state and central governments are trying to convince everyone.,
When the counsel for the petitioners claimed that their property was looted in the presence of the police and that they could place those videos before the court, the law officer objected and said that baseless allegations were being made.
"They (officials) are duty bound to protect the properties. They are bound to carry out the orders of this court and the government. There is no doubt about that," the bench said.
Noting that no contempt has been filed against the Chief Secretary and other respondents, the bench said, "Do not put pressure on the officers in this manner".It said that the petitioners can file appropriate proceedings under law.
"We have full sympathy with you. Your properties have to be protected but that does not mean that we have to issue contempt notices to the respondents," the bench said.
When the counsel for the petitioners said, “Your Lordships look at the message that is being sent today…”, the bench said, “We have to follow the law. We cannot act on the basis of emotions.,
The bench said that it is not satisfied with the claim that contempt proceedings against the respondents are maintainable in respect of the order dated September 25, 2023.
"Needless to say, if the petitioners are aggrieved by any other action or inaction on the part of the respondents, they will be at liberty to take recourse to the remedies available under law," it said.
Chaos and violence had erupted in Manipur in May last year following a High Court order directing the state government to consider including the non-tribal Meiti community in the list of Scheduled Tribes.
More than 170 people have been killed and several hundred others injured since caste violence first broke out in the state on May 3 last year, when a 'Tribal Solidarity March' took place in the hill districts to protest against the demand for ST status for the majority Meitei community. was conducted.