Citation : 2026 Latest Caselaw 1257 Mani
Judgement Date : 26 February, 2026
SHAMURAILATPAM Digitally signed by
SHAMURAILATPAM SUSHIL SHARMA
SUSHIL SHARMA Date: 2026.02.26 17:09:10 +05'30'
Sl. Nos. 1-8
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
WP(C) No.137 of 2026
Rk Jibanlata Devi
Petitioner
Vs.
State of Manipur & 3 Ors.
Respondents
With MC(WP(C))No.142 of 2026 With MC(WP(C)) No.299 of 2025 With MC(WP(C))No.70 of 2025 With MC(WP(C))No.72 of 2026 With WP(C)No.316 of 2025 With WP(C)No.66 of 2026
BEFORE HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH
(ORDER) s
(Order of the Court was made by M. Sundar, CJ)
26.02.2026.
[1] Read this in conjunction with and in continuation of earlier
proceedings made in the previous listing on 18.02.2026 which reads as
follows :
'18.02.2026.
[1] Read this in conjunction with and in continuation of earlier proceedings made in the previous listing yesterday i.e., 17.02.2026 which reads as follows:
17.02.2026.
'[1] In the captioned cluster, there are four 'Writ Petitions' ('WPs' in plural and 'WP' in singular for the sake of convenience), the details of which are as follows:
(i) W.P. (C) No. 79 of 2025 (I WP)
(ii) W.P. (C) No. 316 of 2025 (II WP)
(iii) W.P. (C) No. 66 of 2026 (III WP)
(iv) W.P. (C) No. 137 of 2026 (IV WP)
[2] As regards I & II WPs, Mr. Syed Murtaza Ahmed, learned counsel on record for writ petitioners, led by learned senior counsel, Mr. HS Paonam in I WP and learned senior counsel, Mr. N. Jotendro in II WP, in III WP, Mr. Niraj B Paonam, learned counsel on record for writ petitioner (on the Video Conferencing platform) and as regards IV WP, Mr. E. Premjit, learned counsel on record for petitioner (in the physical Court), are before this Court.
[3] All the afore-referred learned counsel and learned senior counsel submit in unison that factual matrix qua the aforesaid four WPs are inextricably intertwined and the issues are dovetailed.
[4] In III WP i.e., W.P. (C) No. 66 of 2026 (along with MC thereat) a Division Bench of this Court presided by one of us (Chief Justice) made an order dated 29.01.2026 and the same reads as follows:
'29.01.2026.
[1] Mr. K. Parameshwar, learned senior advocate instructed by Mr. Niraj B Paonam, learned counsel on record for petitioner is before this Court on the Video Conferencing platform.
[2] It is submitted that the captioned matter is dovetailed with WP(C)No.79 of 2025 and the same is pending in this Court. It is also submitted that Hon'ble Supreme Court has made an order dated
27.01.2026 in WP(C)No. 81 of 2026 and the counsel on record for writ petitioner requests for time to produce that order.
[3] Be that as it may, as it prima facie appears that there may be overlap of exercise of powers by Chief Justice on the administrative side and the judicial side, let the captioned matter be listed
before a specially constituted Division Bench of Hon'ble Mr. Justice Ahanthem Bimol Singh and Hon'ble Mr. Justice. A. Guneshwar Sharma tomorrow i.e, 30.01.2026.
[4] Let WP(C)No. 79 of 2025 also be listed before the same specially constituted Division Bench tomorrow i.e., 30.01.2026.
[5] To be noted, considering the exigency of time and also taking into account that the retirement is due on 31.01.2026, this order is being made on the judicial side by making an exception.
[6] List both matters before specially constituted Division Bench tomorrow i.e., 30.01.2026.'
Today, Mr. Niraj B Paonam, learned counsel on record for
petitioner in III WP, submits that he could not produce the
order of the Hon'ble Supreme Court dated 27.01.2026 made
in W.P. (C) No. 81 of 2026 on 29.01.2026 as the same had
not been uploaded and the copy had not been made
available to the counsel on record on that day (29.01.2026).
Be that as it may, learned counsel also expressed regret and
submitted that he was unable to apprise this Court (through
senior counsel appearing for him) of the contents of the
order of Hon'ble Supreme Court dated 27.01.2026. The
order of Hon'ble Supreme Court dated 27.01.2026 made in
W.P. (C) No. 81 of 2026 has since been placed before this
Court and a scanned reproduction of the same is as follows:
[5] Owing to the afore-referred order of Hon'ble Supreme Court, as a matter of judicial discipline and institutional propriety in the hierarchy of Courts, afore-referred 29.01.2026 order made in W.P. (C) No. 66 of 2026 along with MC thereat is recalled with the consent of all the aforementioned learned counsel and learned senior counsel. (To be noted, it is recalled as Hon'ble Supreme Court has requested Chief Justice of this High Court to take up and decide the writ petition)
[6] Consequently, order dated 30.01.2026 made by Division Bench of Hon'ble Mr. Justice Ahanthem Bimol Singh and
Hon'ble Mr. Justice A. Guneshwar Sharma and other order/s (if any) post 29.01.2026 also stand/s subsumed by the afore-referred recall order. To be noted, this means that this 30.01.2026 also now stands recalled.
[7] The sequitur is, captioned four WPs along with MCs thereat will be taken up together by a Division Bench presided by Chief Justice (pursuant to order of Hon'ble Supreme Court dated 27.01.2026 in W.P. (C) No. 81 of 2026) [8] List all four captioned/afore-referred WPs along with MCs thereat tomorrow (18.02.2026) before the Division Bench presided by Chief Justice under the same cause list caption, i.e., 'AS PER HON'BLE SUPREME COURT ORDER' [9] List on 18.02.2026'
[2] The same set of learned counsel and learned senior counsel are before this Court today (to be noted, paragraph 2 of earlier proceedings dated 17.02.2026 captures details in this regard).
[3] As regards I and II WPs, notice has already been issued and all respondents have entered appearance. To be noted, broadly stated there are two set of respondents, one is State and the other is Manipur High Court. As regards State, Ms. Thanyonmi Keishing, learned State counsel and as regards Manipur High Court, W. Jamon, learned counsel led by Mr. KH. Tarunkumar, learned senior counsel are before us.
[4] As the central issue is common in all 4(four) WPs, issue notice to respondents in III and IV WPs also. In III WP, Ms. Thanyonmi Keishing, learned State counsel accepts notice for respondent Nos. 1 & 2 and Mr. W. Jamon, learned counsel accepts notice for respondent No.3. In IV WP, Ms. Thanyonmi Keishing, learned State
counsel accepts notice for respondent Nos. 1 & 2 and Mr. W. Jamon, learned Standing counsel accepts notice for respondent Nos. 3 & 4.
[5] This Court is informed that pleadings are complete in I WP. As regards High Court counsel, senior counsel Mr. Kh. Tarunkumar, on instructions, submits that the affidavit-in-opposition filed in I WP can be treated as affidavit-in-opposition in the other 3(three) WPs also and he is ready to advance arguments.
[6] As regards the learned State counsel, learned State counsel submits that affidavit-in-opposition has been filed in I WP and the same can now treated as affidavit-in- opposition in II, III & IV WPs also. However, learned State counsel submits that learned Attorney General for India, Mr. R. Venkataramani would be appearing for the State and requests for listing on 26.02.2026. To be noted, main WP will be heard out in the next listing.
[7] Inter-alia owing to letter dated 09.05.2025 bearing reference No. L-MISC-5/12/2023-SEC-LAW in WP(C)No.79 of 2025, learned State counsel shall keep the entire records pertaining to the captioned matters ready for perusal and the file/s shall be kept ready after flagging the documents/pages to which State counsel wants to draw the attention of this Court.
[8] Mr. Syed Murtaza, learned counsel on record for petitioner submits that as regards II WP i.e., WP(C)No.316 of 2025 some compilation errors have crept in and he seeks leave of this Court to replace the present paper book with a new paper book with correct pagination or include the missing pages and set the paper book in order. Permission/leave in this regard granted and Registry
is directed to permit learned counsel to do the needful in this regard.
[9] List on 26.02.2026.' [2] To be noted, today, WP(C) No. 175 of 2026 along with MC
thereat has been tagged with the captioned bunch matters.
[3] Mr. Elangbam Premjit Singh, learned counsel for petitioner
in WP(C) No. 137 of 2026, Mr. Syed Murtaza Ahmed, learned counsel
for petitioner in WP(C) No. 316 of 2025 and WP(C) No. 79 of 2025 and
Mr. M. Rendy, learned counsel for petitioner in WP(C) No. 66 of 2026
and Mr. M. Rustam, learned counsel on record for High Court led by Mr.
Kh. Tarunkumar, learned senior advocate are before this Court. As
regards State respondents, Mr. O. Ratan Kumar, learned State Counsel
is before us in the physical court and adverting to earlier proceedings
dated 18.02.2026, more particularly paragraph 6 thereat, he submits that
learned Attorney General for India would not be appearing in this matter
for State and instead, Mr. Vikramjit Banerjee, learned Additional Solicitor
General of India (ASG) who is before us on the VC (Video Conferencing)
platform would be appearing. Today, Mr. Piyush Beriwal, learned
counsel who is before us on the VC platform submits that ASG is in
difficulty and requests for an adjournment/rescheduling.
[4] Though this Court was inclined to take up the matter in the
ensuing fortnight, Mr. Piyush Beriwal, learned counsel made a specific
request for listing in April citing difficulty for learned ASG. In the light of
such specific request citing difficulty for learned Solicitor, let these
matters stand over to 06.04.2026.
[5] In the interregnum, the parties shall complete pleadings.
[6] List on 06.04.2026.
JUDGE CHIEF JUSTICE
Sushil
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!