Manipur HC deletes contentious part of its order on inclusion of Meiteis in ST list

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Imphal: Taking a significant measure on the previous order of 2023, the Manipur High Court on Wednesday has removed Paragraph 17(iii), in which the HC recommended the state government to consider the inclusion of Meitei in the list of Scheduled Tribes.

The contentious paragraph of the 2023 order noted that “the first respondent (state government) shall consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order.”

Related | Manipur HC directs state govt to submit recommendation for inclusion of Meitei/Meetei in ST list

The 2023 court order is believed to have triggered the ongoing ethnic violence in the state which has killed more than 200 people and over 60,000 people displaced following their homes and properties lost in violent arsons in both the Meitei/Meetei and Kuki-Zo communities in Manipur.

In its Wednesday order by a bench of Justice Golmei Gaiphulshillu of the Manipur High Court, she observed that the previous order was contrary to the Supreme Court’s decision in State of Maharashtra versus Milind & Others, in which the SC ruled that the courts cannot modify, amend, or alter the ST list.

Related | Manipur HC order for inclusion of Meitei in ST list ‘Factually Incorrect’: Supreme Court

A single bench of Justice Gaiphulshill was hearing a review petition filed against the contentious part paragraph 17(iii) of the order dated March 27, 2023, by then acting Chief Justice MV Muralidharan in the petition by the Meitei Tribe Union.

“I am satisfied and of the view that the direction given at Para No. 17(iii) of the Single Judge dated 27.03.2023 passed in W.P.(C) No. 229 of 2023 which is impugned herein needs to be reviewed, as the direction given at Para No. 17(iii) of the Single Judge is against the observation made in the Constitution Bench of the Supreme Court.”

Related | The ST demand movement for Meitei community should justify their demand based on a new ethnographic study and ST status on a new socio-economic survey

“Accordingly, the direction given at Para No. 17(iii) needs to be deleted and is ordered accordingly for deletion of the Para No. 17(iii) of the judgment and order dated 27.03.2023 passed in W.P.(C) No. 229 of 2023,” read the court order.

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