Manipur High Court Modifies Controversial Order Amid Ethnic Unrest

The Manipur High Court has made a significant modification to its March 27 order, which directed the state government to recommend Scheduled Tribe status for the Meitei community, triggering massive ethnic unrest. The court, citing a misconception of law and Supreme Court precedent, deleted the paragraph from the controversial order that led to protests, particularly from the tribal Kuki community.

Key Points:

1. Controversial Order Modified: The Manipur High Court, in response to a review petition, modified its March 27 order that directed the state government to recommend Scheduled Tribe status for the Meitei community.
2. Paragraph Deletion: The specific paragraph (Para No. 17(iii)) causing unrest was deleted from the order, addressing the concerns raised by the tribal Kuki community.
3. Misconception of Law: The court acknowledged passing the judgment in a “misconception of law” as the petitioners failed to assist the court properly during the hearing.
4. Supreme Court Precedent: The court noted that its earlier order was contrary to the Supreme Court’s decision in the State of Maharashtra vs Milind and others, emphasizing that courts cannot modify, amend, or alter the Scheduled Tribe list.
5. Review Petition: The modification occurred during the hearing of a review petition filed against Para 17(iii) of the March 27 decision, which was rendered in a petition by the Meitei Tribe Union.
6. Deletion of Direction: The bench ordered the deletion of the direction at Para No. 17(iii) based on a joint perusal of the procedure laid down by the Government of India and the Supreme Court’s observations.
7. Supreme Court Exception: While the Supreme Court did not stay the March 27 order, it expressed strong exceptions and allowed parties to raise grievances in proceedings before the Division Bench of the High Court.

Significance: The modification of the controversial order aims to address the ethnic unrest sparked by the initial directive. By deleting the contentious paragraph, the court seeks to rectify its earlier decision in light of legal principles and avoid further tensions.