On Tuesday, the Supreme Court declined to order the Indian Army and paramilitary troops to maintain security in Manipur’s tribal regions.
The Supreme Court has never given the Indian Army instructions on how to conduct military, security, or rescue operations in its 72 years of existence, according to a bench that included Chief Justice of India (CJI) DY Chandrachud, Justices PS Narasimha, and Manoj Misra.
The Court emphasised that civilian authority over the armed forces was the primary indicator of democracy and that it could not be violated.
“We have never given the Indian army such instructions in the past 72 years. Civilian control over the armed forces is one of democracy’s greatest hallmarks, and we cannot violate it, the Court declared.
The Court went on to say that the upkeep of law and order and protection of the State’s security was the responsibility of the elected government and that it would be improper for the Court to give instructions to the Army and paramilitary forces.
Therefore, the Court is unable to give orders regarding, for example, the deployment of a certain military brigade.
“The executive branch is responsible for upholding law and order and safeguarding the security of the state. We believe that it will not be proper for this Court to direct Army and paramilitary forces while performing its judicial duties, the Court stated.
Therefore, it instructed the State and Central governments to ensure that Manipur’s inhabitants’ lives and liberties were protected.
“However, we urge the state and the union to guarantee that people’s lives and liberties be protected in Manipur. It’s risky for us to venture into the details of where a specific battalion will be, etc., the Court declared.
A number of petitions regarding the escalation of violence in Manipur were being heard by the Supreme Court. Last Monday, the State government announced that it will submit an updated status report outlining the steps it had taken to stop the violence.
The Manipur Tribal Forum filed an interlocutory application (IA) in the case, in which it claimed that the Central government had misled the top court about how it would handle the situation.
The Forum was one of the parties which petitioned the Supreme Court to order the Central and State governments to remove Manipuri Tribals who had fled to CRPF camps and to make sure they get at their homes safely with a security escort.
On May 8, the Manipur administration gave the Supreme Court a guarantee that worries about the current violence would be addressed and that proactive steps would be taken to address them.
The Supreme Court had then demanded that proper preparations be made in relief camps and that all essential measures be taken to aid in the rehabilitation of displaced people and to safeguard houses of worship.
The Forum requested today that the Army be sent into tribal regions to regulate the situation, but the Court turned it down.
The Manipur administration recently filed another petition appealing a High Court decision that effectively lifted the State’s internet blackout. The petition was being heard by the bench at the same time.
This, according to Solicitor General (SG) Tushar Mehta, had disturbed the government as well. As a result, he requested time to get guidance.
The supreme court today granted interim protection to a lawyer who was accused of sedition after accompanying a fact-finding mission to look into the violence. This is in contrast to another instance.
