1 Sep 2023 10:09 AM GMT
The Supreme Court today directed the Government of India and the State Government of Manipur to ensure the distribution of basic supplies such as food, medicines, and other essentials to those affected by the Manipur violence. The bench comprising CJI DY Chandrachud and Justice JB Pardiwala also directed for the blockades preventing rations to reach the people to be dealt with and urged the government to explore all options to do the same, including air-dropping rations to the people.
The directions were passed after Senior Advocate Meenakshi Arora, appearing for the judges' committee constituted by the Supreme Court to deal with humanitarian aspects of the matter, informed the bench of two issues– first, blockades in Moreh region of Manipur which had prevented people from getting basic rations and; second, an outbreak of measles and chickenpox in some relief camps. At the outset, the CJI asked Arora why the committee was appearing before the court instead of reaching out to the government directly. The CJI then directed the Solicitor General (SG) Tushar Mehta to send a formal notice of nodal officers appointed to the Committee so that the Committee could reach out to the government directly.
At this juncture, Senior Advocate Jaideep Gupta, appearing for the respondents interjected and stated that the committee could not do anything when it came to the blockades. The SG added to the same by asserting that the same was not within the remit of the committee. Senior Advocate Indira Jaising said–
"There is no food in Moreh area. The problem is blockade. The committee cannot direct the armed forces to remove the blockade...otherwise we can provide the food supply."
The CJI stated that removing blockades was 'easier said than done' and was a complex and sensitive issue that required careful consideration, as these blockades were often set up by local individuals or groups. He stated that the government should take appropriate steps to address the situation after evaluating the ground realities. He said–
"Removing a blockade is not about directing the armed forces to do it. There are sensitive issues. What we will do is that we will say that the government is aware of the fact and that the government will take appropriate steps after evaluating the situation because the blockade is also made by people."
Another counsel urged the court to note that such blockades had not only been affecting Moreh but also other areas including the National Highway 2 (which runs from Dimapur (Nagaland) to Imphal). Taking the same into account, the bench directed–
"We direct the Government of India and the Government of Manipur to distribute basic supply of food, medicine, and other essentials so that there is no denial of basic human facilities. The manner in which the blockade is dealt with is under law enforcement. However, considering the humanitarian aspect of the matter, Government should explore all options including air dropping necessity if necessary. The court shall be apprised of the steps taken to ameliorate the situation in the next hearing."
SG Mehta had sought a short adjournment to respond on the reports of committee. The same was granted and the matter was listed on 06.09.2023.
Various counsels also underlined other issues arising out of the region. For instance, Senior Advocate Jaideep Gupta, stated that there was an IA filed pertaining to the demolitions in the State. The bench directed for a copy of the IA to be served to the SG so that he could take instructions from the State of Manipur in the matter.
Senior Advocate Huzefa Ahmadi appeared in a petition dealing with destruction of more than 200 churches in the State. To this, the CJI said–
"We had also requested the committee to go into issue of destruction of schools, places of worship- so that restoration can take place...We have heard Mr Huzefa Ahmadi on petition on destruction of 602 churches. Petition's copy to be served on Mr Raj Bahadur, who is instructing the SG. Note be sent to committee and state government so that appropriate action is taken."
While concluding the proceedings, the bench also asked the SG to take instructions on the issue of compensation to victims and stated that it would direct in the next hearing that the Manipur Compensation Scheme should be bought at par with the NALSA scheme. The CJI said– "Once NALSA has formulated a scheme, it should be applicable to the entire country."
The court also remarked that the government would have to take a call on the bodies lying unclaimed in the morgues as the same could spread diseases. The CJI said– "Ultimately, the bodies have to be dealt with in a dignified manner."
The matter will now be heard on September 6, 2023 when the bench will deal with the findings of the committee.