Mutum Churamani Meitei And Anr vs Dinganglung Gangmei And 4 Ors
2023 Latest Caselaw 180 Mani

ABUJAM Digitally
       by ABUJAM
                 signed

SURJIT SURJIT  SINGH
       Date: 2023.05.03
                                                                                Item No. 22

SINGH 18:22:06 +05'30'         IN THE HIGH COURT OF MANIPUR
                                           AT IMPHAL
                                  CONT.CAS(C) No.58 of 2023
                  Mutum Churamani Meitei and Anr.

                                                                                ...Petitioner/s
                          - Versus -

                  Dinganglung Gangmei and 4 Ors.
                                                                               ...Respondent/s
                                            BEFORE
                        HON'BLE THE ACTING CHIEF JUSTICE M.V.MURALIDARAN
                                            ORDER

03.05.2023

[1] Heard Mr. M. Hemchandra, learned senior counsel assisted by

Mr. Ajoy Pebam, learned counsel for the petitioner and perused the

records.

[2] It is the case of the petitioner that Mr. M. Hemchandra, learned

senior counsel for the petitioner represented that he has filed writ

petition being WP(C) No.229 of 2023 dated 27.03.2023 before this

Court for consideration of the case and this Court passed the order in

WP(C) No. 229 of 2023 dated 27.03.2023 which reads as follows:

                  In the result,

                          a)       "The writ petition is disposed of.

                          b)       The   first   respondent    is   directed   to     submit   the

recommendation in reply to letter dated 29.05.2023 of the

Ministry of Tribal Affairs, Government of India.

c) The first respondent shall consider the case of the

petitioner for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a

period four weeks from the date of receipt of a copy of this

order of this order in terms of the averments set out in the

writ petition and in the line order passed in WP(C) No.

4281 of 2002 dated 26.05.2003 by the Gauhati High

Court.

d) No costs".

[3] After passing the order, the respondent No.1 has issued a

resolution dated 20.04.2023 which reads as follows:

"MANIPUR LEGISLATIVE ASSEMBLY SECRETARIAT *********** Imphal, 20th April, 2023

The Hill Areas Committee, Manipur Legislative Assembly, in its meeting held on 20" April, 2023 in the Office Chamber of the Hon'ble Chairmen, HAC unanimously adopted the resolution.

RESOLUTION NO, 55/2023 - (HAC)

The Hill Areas Committee, Manipur Legislative Assembly is perturbed/aggrieved by the Order of Hon'ble Court of Manipur dated 19/04/2023 in Writ Petition No. 229 of 2023 directing the Government of Manipur to recommend for inclusion of Meitei/Meetei community in the Scheduled Tribe list of the Constitution of India in Spite of Strong opposition from the Scheduled Tribes of Manipur.

In the matter, the HAC as a Constitutional Body of the Hill Areas of Manipur was neither made party to the case nor consulted The HAC also has given any recommendation or consent.

Further, it is pertinent to mention that the Meitei/Meetei community of Manipur are already protected under Constitution of India and categorized as (i) General (ii) Other Backward Classes (OBC) and

(iii) Scheduled Cast (SC). In view of the above, the committee unanimously resolved to urge the Government of Manipur and Government of India to go for Appeals against the aforementioned Order of the Hon'ble High Court of Manipur, taking into account the sentiments and interests/rights of the Scheduled Tribe of the Manipur.

(Sd/-)

(Dinganglung Gangmei) Chairman (HAC) Manipur Legislative Assembly"

[4] Thereafter, the second respondent who is the President of All

Tribal Students' Union Manipur(ATSUM) also issued press statement

dated 21. 04.2023 which reads as follows:

"19 April is a black letter day for the tribal people of Manipur. The High Court judgement which directed the state Government to recommend the demand of Meitei for inclusion in the ST list by contradicting the wish and aspiration of the tribal people is unfortunate and deplorable. It is an ex parte judgement that only heard the interests of the petitioners.

The demand of ST status by the socially and economically advanced community of the state is uncalled for. lt deeply disturbs the sense of security of the tribal people who are otherwise protected under the provisions of the constitutions. The tribal community have been opposing this demand on valid reasons that the Meitei community, which is comparatively an advanced community, does not merit their . inclusion as scheduled tribe in the constitutions. It completely negates the very objective of scheduling group of people for protective discrimination as ST in the constitutions.

Therefore, the tribal people of the state will not take this judgment lying down. We blame the state government because of whose consent such an ex parte judgment was delivered. We will explore all options including legal means to dissuade the state government from recommending it to the central government. We will continue to strongly oppose this demand.

The state government must desist from recommending this demand as it completely affects the rights and interests of the tribal people, and also as the demand has the potential of adversely affecting the unity and integrity of the people of the state. We also appeal the State Government to uphold the emotional integrity of the state which is bound to disintegrate once the demand for inclusion of Meitei in ST is granted.

The meeting of the tribal students' organizations of the state convened by ATSUM today( Friday, the 21st April 2023) acknowledge the prompt action of the HAC for taking into account the sentiments, rights and interest of the scheduled tribes of Manipur with respect to the Meitei ST demand vide its resolution No.55/2023 - (HAC) dated 20th April 2023.

In fact, the resolution as pressed issued by the respondents No.1 and 2 is criticizing the order passed by this Court in WP(C) No. 229 of 2023 dated 27.03.2023.

[5] He also further argued that such resolution dated 20.04.2023

passed by the contemnor No.1 and the press statement dated

21.04.2023 by the contemnor No.2 are against the law and he cannot

take such decision which amounts to purview of the Hill Area

Committee of Manipur and the respondents No. 1 and 2 are not

permitted to circulate such resolution which is violative of this Court's

order passed in the above writ petition.

[6] He also further argued that the press Communioue issued by

the respondent No.2 dated 21.04.2023 whereby mentioned so many

contemptuous words like " 19 April is a black letter day for the tribal

people of Manipur... ... ... by conducting the wish and aspiration of the

tribal people is unfortunate and deplorable" [7] Mr. M. Hemchandra, learned senior counsel further argued that

the tribal people of the State will not take with judgment and order lying

down thereby directly threatening the authority of the Hon'ble High

Court of Manipur. Therefore, the Act of the respondents No. 1 and 2

amounts to comtempt and they should be punished under the Contempt

of Court Act, 1971 read with Article 215 of the Constitution of India and

hence, he prayed this Court to issue notice to the respondents and deal

the same seriously.

[8] After hearing the arguments of the learned senior counsel for

the petitioner, this Court comes to know that the resolution dated

20.04.2023 passed by the respondent No.1 and the press Communioue

dated 21.04.2023 issued by the respondent No.2 which amounts to

criticize the judgment and order passed by this Court in WP(C) No.229

of 2023 dated 27.03.2023. Therefore, this Court is inclined to call the

respondents No.1 and 2 before this Court and seek the explanation as

to why action should not be taken under the Contempt of Court against

them.

[9] Therefore,

a). Issue notice to the respondents No.1 and 2 for their

personal appearance on 08.05.2023 before this Court.

b). The Director General of Police, Manipur is to ensure their

personal appearance for instigating innocent hill people against

the order passed by Hon'ble High Court of Manipur with show

cause as to why they should not be punished for criticizing the order passed by this Court in WP(C) No.229 of 2023 dated

27.03.2023.

c). Friends in Print and Electronic Media may appeal to the

organizations/Civil Society Bodies and General People not to

cause low dignity of the High Court of Manipur.

[10] Registry is directed to issue the copy of this order to Director

General of Police, Manipur today itself.

       Abujam Surjit                           ACTING CHIEF JUSTICE



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