"We cannot trench into law and order issues. we want to straddle a clear line and as a court we have to maintain balance and we steer clear of contentions.. once we come into the fray we lose our objectivity and that is why we stand apart and maintain the constitutional balance," CJI Chandrachud said.
'It is very dangerous for us to say where a particular battalion would be deployed,' the bench said.
The Supreme Court on July 11, Tuesday, declined to issue directions for the deployment of Indian Army and paramilitary forces in particular tribal areas in violence-hit Manipur, saying that in the history of the country it had not given such directions to the Army.
A bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and Manoj Misra said the maintenance of law and order and the preservation of the security of the state, are essentially matters which fall in the executive domain.
The apex court, however, directed the state government to act upon certain suggestions made by petitioners to mitigate the situation and protect lives of citizens of Manipur. The Court explained that the maintenance of law-and-order as well as the preservation of the security of the state fall within the domain of the elected government.
It would be inappropriate for the court to issue directives to the Army and paramilitary forces. Hence, the SC cannot issue directives on where a particular battalion of soldiers has to be deployed etc, the bench stated.
The Supreme Court was hearing a batch of pleas filed regarding the outbreak of violence in Manipur. Last week, the state government had submitted that it would file an updated status report indicating the measures taken by it to contain violence.
Advocate Nizam Pasha presented a 13-point suggestions on behalf of Zomi Students Federation of India.
"We would impress upon both the Union of India and Manipur to make sufficient arrangements so as to ensure protection of lives and properties of all inhabitants," the bench said.
The court also assured senior advocate Colin Gonsalves, appearing for Manipur Tribal Forum, that it was monitoring the situation and would pass some calibrated orders related to providing compensation, and other relief measures. The court also asked the parties to maintain equilibrium and balance in public statements and avoid any kind of hate speech.
“We are of the view that it will not be appropriate for this court in exercise of judicial function to direct the Army and paramilitary forces to be deployed at certain places. However, we impress upon the state and the Union (of India) to ensure there is protection of life and liberty of people in Manipur,” the bench said.
"It is very dangerous for us to say where a particular battalion would be deployed,” the bench said. "We are monitoring the situation".
The petitioner also sought a direction for immediate arrest and prosecution of Meitei leader Pramot Singh for an alleged open call for genocide.
The court asked Solicitor General Tushar Mehta, representing the Manipur government, to file an action-taken report on the suggestions made by counsel of various parties in the matter within one week.
"The court is right. Constitutionally, law and order is the state subject. But if the state government cannot maintain law and order, the central government must step in. How can the SC dictate terms?" - Aizawl Friend
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