The Supreme Court on Tuesday refused to issue directions to the Indian Army and paramilitary forces to provide security in tribal areas in Manipur..A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra emphasized that in the 72 years of its existence, the Supreme Court has never issued directions to the Indian Army on how to conduct military, security or rescue operations. The Court underlined that the greatest hallmark of democracy was civilian control over the army and hence it could not breach that."In last 72 years we have never issued such directions to the Indian army. The greatest hallmark of democracy is civilian control over the army and we cannot breach that," the Court said.The Court further explained that the maintenance of law and order as well as the preservation of the security of the State, fell within the domain of the elected government and it would be inappropriate for the Court to issue directives to the Army and paramilitary forces,Hence, the Court cannot issue directives on where a particular battalion of soldiers has to be deployed etc. "Maintenance of law and order and preservation of security of state falls in executive domain. We are of the view that it will not be appropriate for this Court in exercise of judicial function to direct Army and paramilitary forces," the Court said. It, therefore, directed the State and Central governments to ensure there was protection of life and liberty of citizens in Manipur."However we impress upon state and union to ensure there is protection of life and liberty of people in Manipur. Where exactly a particular battalion will be etc is a dangerous area for us to get into," the Court said..The Supreme Court was hearing a batch of pleas filed regarding the outbreak of violence in Manipur. The State government had last week submitted that it would file an updated status report indicating the measures taken by it to contain violence. .One of the pleas in the matter was an interlocutory application (IA) filed by the Manipur Tribal Forum alleging that the Central government's assurances to the top court with regard to its handling of the issue were false.The Forum was among the parties that had moved the top court seeking directions to the Central and State governments to evacuate Manipuri Tribals who had fled to CRPF camps and to ensure that they reach their residences safely under a security escort.On May 8, the Manipur government assured the Supreme Court that concerns regarding the ongoing violence will be addressed and that remedial measures will be taken on a proactive basis.The Supreme Court had then called for due arrangements to be made in relief camps and for necessary precautions to be taken to rehabilitate displaced persons and to protect places of religious worship.The Forum today sought deployment of the Army in tribal areas to control the situation which the Court declined..The bench was also hearing another plea moved just yesterday by the Manipur government, challenging a High Court order that had in effect revoked the internet shutdown in the State. This, Solicitor General (SG) Tushar Mehta stated, had bothered the government as well and accordingly, he sought time to take instructions..Meanwhile, in another case, the apex court today granted interim protection to a lawyer who was charged with sedition after she accompanied a fact-finding team to enquire into the violence.
The Supreme Court on Tuesday refused to issue directions to the Indian Army and paramilitary forces to provide security in tribal areas in Manipur..A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra emphasized that in the 72 years of its existence, the Supreme Court has never issued directions to the Indian Army on how to conduct military, security or rescue operations. The Court underlined that the greatest hallmark of democracy was civilian control over the army and hence it could not breach that."In last 72 years we have never issued such directions to the Indian army. The greatest hallmark of democracy is civilian control over the army and we cannot breach that," the Court said.The Court further explained that the maintenance of law and order as well as the preservation of the security of the State, fell within the domain of the elected government and it would be inappropriate for the Court to issue directives to the Army and paramilitary forces,Hence, the Court cannot issue directives on where a particular battalion of soldiers has to be deployed etc. "Maintenance of law and order and preservation of security of state falls in executive domain. We are of the view that it will not be appropriate for this Court in exercise of judicial function to direct Army and paramilitary forces," the Court said. It, therefore, directed the State and Central governments to ensure there was protection of life and liberty of citizens in Manipur."However we impress upon state and union to ensure there is protection of life and liberty of people in Manipur. Where exactly a particular battalion will be etc is a dangerous area for us to get into," the Court said..The Supreme Court was hearing a batch of pleas filed regarding the outbreak of violence in Manipur. The State government had last week submitted that it would file an updated status report indicating the measures taken by it to contain violence. .One of the pleas in the matter was an interlocutory application (IA) filed by the Manipur Tribal Forum alleging that the Central government's assurances to the top court with regard to its handling of the issue were false.The Forum was among the parties that had moved the top court seeking directions to the Central and State governments to evacuate Manipuri Tribals who had fled to CRPF camps and to ensure that they reach their residences safely under a security escort.On May 8, the Manipur government assured the Supreme Court that concerns regarding the ongoing violence will be addressed and that remedial measures will be taken on a proactive basis.The Supreme Court had then called for due arrangements to be made in relief camps and for necessary precautions to be taken to rehabilitate displaced persons and to protect places of religious worship.The Forum today sought deployment of the Army in tribal areas to control the situation which the Court declined..The bench was also hearing another plea moved just yesterday by the Manipur government, challenging a High Court order that had in effect revoked the internet shutdown in the State. This, Solicitor General (SG) Tushar Mehta stated, had bothered the government as well and accordingly, he sought time to take instructions..Meanwhile, in another case, the apex court today granted interim protection to a lawyer who was charged with sedition after she accompanied a fact-finding team to enquire into the violence.
