Justice delayed

A popular maxim which states: justice delayed is justice denied; is exemplified by the belated order of the Manipur High Court which, for deletion of a paragraph from a March 2023 order that urged the government of Manipur to consider inclusion of the Meitei community in the Scheduled Tribe list. The directive of Acting Chief Justice of Manipur, M.V.Muralidharan issued on March 27,2023 was rescinded by a single judge bench of Justice Golmei Gaiphulshillu on February 22, 2024 during a review petition hearing . The contentious paragraph from last year’s verdict, instructing the state to expedite consideration of Meitei community inclusion, was deemed for deletion. The high court directive on the state to recommend to the Centre for grant of ST status for Meiteis, sparked riots and violence across the state that has resulted in the deaths of around 200 officially though the number is believed to be almost double while more than 60,000 people from both Meitei and Kuki communities have been rendered homeless. All these have happened due to the directive of the Manipur High Court issued on March 27,2023 when Acting chief Justice of Manipur High Court, M.V Muralidharan had directed the Manipur government to “consider inclusion of the Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period of four weeks” from the date of the order. This was the particular clause of the Manipur High Court over which the Supreme Court on May 17,2023 expressed strong criticism but against which it did not issue any order as it preferred the high court to review and rescind its directive. The Supreme Court had noted that the Manipur High Court’s directive to the state for inclusion of Meiteis in the list of Scheduled Tribes was factually incorrect and against the principles laid down by a Constitution bench on classification of communities in the SC/ST list. A bench headed by Chief Justice of India DY Chandrachud had taken strong exception to the Manipur HC judgment. Acting Justice of Manipur High Court, M.V.Muralidharan had issued the directive to a petition filed by some members of the Meitei Tribe Union seeking directions to the state of Manipur to recommend inclusion of the Meiti community Scheduled Tribes list. Had the Supreme Court acted early by directing the anipur High Court against the latter’s directive at least by April and May, last year, then perhaps the mayhem and murder could have been prevented to a large extent. The Supreme Court’s decision against the directive of the Manipur High Court was based on n earlier judgement of the Supreme Court’s Constitution Bench in November 2000 which stated that : “Courts cannot and should not expand jurisdiction to deal with the question as to whether a particular caste, sub-caste; a group or part of tribe or sub-tribe is included in any one of the Entries mentioned in the Presidential Orders issued under Article 341 and 342 particularly so when in Clause (2) of the said Article, it is expressly stated that said orders cannot be amended or varied except by law made by Parliament.” Having heard several petitions , it is hoped the Supreme Court will seriously consider directing the Centre to dismiss the communally biased state government in the interest of life, property and national security.