Manipur High Court
The State Of Manipur Represented ... vs Shri. Mutum Churamani Meetei Aged ... on 9 May, 2023
ABUJAM Digitally
by ABUJAM
signed
SURJIT SURJIT
Date:
SINGH Item No 1
SINGH 2023.05.11
12:37:30 +05'30'
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
MC(WP(C))No.150 of 2023
Ref: WP(C)No.229 of 2023
1. The State of Manipur represented by the Chief Secretary, Government
of Manipur, and its Office at Babupara, Old Secretariat Complex,
Imphal West, Manipur-795001.
2. The Chief Secretary to the Govt. of Manipur and its Office at Old
Secretariat Complex, Imphal, Manipur-795001.
3. The Secretary, Tribal Affairs and Hills Department and its office at old
Secretariat Complex, Imphal, Manipur.
...Applicants
- Versus -
1. Shri. Mutum Churamani Meetei aged about 62 years S/o Late M.
Iboton Meetei of Kabo Leikai Dewlahland, PO & PS- Porompat,
District-Imphal East, Manipur who is the Secretary of the Meetei
(Meitei) Tribe Union being Regd. No. 15 of 2022.
2. Shri Puyam Ranachandra Singh aged about 43 years S/o Puyam
Kushumani Singh of Langathel Laikom Bazar, PO & PS- Thoubal,
District-Thoubal, Manipur who is the Member of the Meetei(Meitei)
Tribe Union being Regd. No.15 of 2022.
3. Shri. Thokchom Gopimohon Singh, aged about 73 years S/O Late
Thokchom Somokanta Singh of Keishamthong Laisom Leirak, PO
& PS- Imphal, District-Imphal West, Manipur-795001 who is the
Member of the Meetei(Meitei) Tribe Union being Regd. No.15 of
2022.
4. Shri. Sagolsem Robindro Singh age about 66 years S/o S. Amu
Singh of Sagolband Khamnam Bazar, PO-Imphal& P.S.-Lamphel,
District-Imphal West, Manipur-795001 who is the member of the
Meetei (Meitei) Tribe Union being Regd. No.15 of 2022.
5. Shri. Elangbam Baburam aged about 76 years S/o (L) E. Leipak
macha Singh of Keirak Khongnang Leikai, P.S. Kakching BPO
Keirak, PO Kakching District-Kakching, Manipur who is the Member
of the Meetei (Meitei) Tribe Union being Regd, No.15 of 2022.
6. Shri Leihaorambam Projit Singh aged about 62 years, S/o L. Surjit
Singh of Sorok Atingbi Khunou Hilghat, PO & PS-Jiribam, District-
Jiribam, Manipur-795115 who is the Member of the Meetei (Meitei)
Tribe Union being Regd, No.15 of 2022.
7. Shri Thiyam Somendro Singh aged about 46 years, S/o Th. Ibobi
Singh of Ningthoukhong Ward No.5, Ningthoukhong Kha
Bishnupur, PO & PS- Bishnupur, District- Bishnupur, Manipur-
795126 who is the Member of the Meetei (Meitei) Tribe Union being
Regd, No.15 of 2022.
8. Shri Mutum Nilamani Singh aged about 61 years S/o M. Jadhop
Singh of Chingdong Leikai, PO & PS- Jiribam, District- Jiribam,
Manipur-795115 who is the Member of the Meetei (Meitei) Tribe
Union being Regd, No.15 of 2022.
... Respondents.
9. The Secretary, Ministry of Tribal Affairs, Government of India,
Shastri Bhawan New Delhi-110001.
...Proforma Respondent
BEFORE
HON'BLE THE ACTING CHIEF JUSTICE MR. M.V.MURALIDARAN
ORDER
(Video Conference)
09.05.2023
[1] Heard the learned Advocate General appearing for the
applicants, the learned senior counsel appearing for respondent Nos. 1
to 8 and the learned DSGI for proforma Respondent No.9.
[2] This application has been filed by the applicants to extend the
time limit for a further period of one year for consideration of the
judgment and order dated 27.03.2023 passed in W.P.(C) No.229 of
2023.
[3] The learned AG appearing for the applicants argued in the open
Court that, (i) the application is filed for extension of time for
consideration of the representation of the petitioners due to the serious
law and order situation prevailing in the State of Manipur as many
innocent lives are lost. Therefore, this application is intended to prevent
any further loss of life in the State and also to preserve humanity, (ii) the
applicants may be allowed to consult all the stakeholders including
NGOS, CSOs, religious leaders etc. of all communities and furthermore
it is imperative for the State Government to complete all the technical
formalities before the representation of the petitioners are considered.
All these consultations and formalities could be started only after the
situation and also tension are normalized in the State which may take
next few months, (iii) presently each and every machinery of State is
wholeheartedly involved in saving life of the people of Manipur,
thereafter, the learned Advocate General prayed for 1(one) year time for
consideration of the case.
[4] Refuting the submission made by the learned Advocate General,
the learned senior counsel for the respondents No. 1 to 8 submitted that
only to drag on the compliance of the direction of this Court, the
applicants have filed the present miscellaneous case and the prayer
cannot be acceded to. At last, the learned counsel argued that three
months' time may be granted to the applicants for consideration of the
direction of this Court.
[5] The Writ Petition in W.P.(C) No.229 of 2023 has been filed by
the respondents for issuance of a writ of mandamus directing the first
respondent to consider and dispose of the representation dated
24.01.2023 and submit recommendation in reply to the Letter
No.1902005/2012- C&IM dated 29.05.2013 of the Government of India,
Ministry of Tribal Affairs within a period of two months or within a time
frame and to include Meetei/Meitei community in the Schedule Tribe list
of Indian Constitution as a "tribe among tribes of Manipur", maintaining
the tribal status of Meetei/Meitei existed before 21.09.1949 i.e. before
signing of the Merger Agreement as part of the terms and conditions of
the Merger Agreement of Manipur into the Indian Union and also
direction on the fourth respondent to restore the Scheduled Tribe status
of Meetei/Meitei community.
[6] This Court, by the order dated 27.03.2023, disposed of the writ
petition with the following directions:
"17. In the result,
(i) The writ petition is disposed of.
(ii) The first respondent is directed to submit the
recommendation in reply to the letter dated 29.5.2013 of the
Ministry of Tribal Affairs, Government of India.
(iii) The first respondent shall consider the case of the
petitioners 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 in
terms of the averments set out in the writ petition and in the
line of the order passed in WP(C) No. 4281 of 2002 dated
26.05.2003 by the Gauhati High Court.
(iv) No costs."
[7] This Court is of the view that the language of the order dated
27.03.2023 in para (iii) is only innocuous order.
[8] By relying upon the prevailing law and order situation in the State
of Manipur, now the applicants pray for one year time for consideration
of the direction No.(iii) of the order dated 27.03.2023 passed in the writ
petition.
[9] It is pertinent to note that opposing the order passed in W.P.(C)
No.229 of 2023, lot of protests were made in the State by group of
people and in certain places, some untoward incidents took place
causing loss of human life, which this Court with heavy heart noted
through media reports. Now the law and order situation in the State
improved with the timely action taken by the Central and State
Governments.
[10] Since the applicants themselves have come forward and prayed
for one year time to consideration of the case of the respondents as
directed at direction No.(iii), this Court finds that the prayer of the
applicants appears to be bona fide and if the time as prayed for is
extended, no prejudice would be caused to the respondents. On the
other hand, if the time is not extended, the State and the people would
be put to many hardships, which cannot be compensated in any form.
Therefore, in the interest of justice and considering the complexity of the
nature of the case, this Court is inclined to extend the time for a period of
one year for consideration of the representation dated 24.01.2022 of the
respondents/writ petitioners as directed at direction No.(iii) in the order
dated 27.03.2023 passed in W.P.(C) No.229 of 2023.
[11] In the result,
a). M.C.(WP) No.150 of 2023 is allowed.
b). Time for consideration of the direction made at direction
No. (iii) of the order dated 27.03.2023 passed in W.P.(C)
No.229 of 2023 is extended for a period of one year from
the date of order in WP(C) No.229 of 2023 dated
27.03.2023.
ACTING CHIEF JUSTICE
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Ab.Surjit
