Imphal: In a major turn of events, the Manipur High Court has reversed its earlier direction urging the state government to consider the inclusion of the Meitei community in the Scheduled Tribes (ST) list.
The decision, which came on Wednesday, marks a notable departure from the High Court’s previous order in March 2023. That order had played a pivotal role in triggering ethnic tensions between the Meitei and Kuki communities since May 3, resulting in over 200 casualties and displacing more than 60,000 individuals who were forced to flee or saw their homes destroyed.
During the hearing of a review petition against a contentious part of the previous order, Justice Golmei Gaiphulshillu stated that paragraph 17(iii) of the March 27, 2023 order needed reconsideration.
“I am satisfied and of the view that the direction given at Para No. 17(iii) of the Hon’ble Single Judge dated 27.03.2023 passed in W.P.(C) No. 229 of the 2023 which is impugned herein needs to be reviewed, as the direction given at Para No. 17(iii) of the Hon’ble Single Judge is against the observation made in the Constitution Bench of the Hon’ble Supreme Court. 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,” the court order noted.
The now-deleted paragraph had directed the state government to swiftly consider the Meetei/Meitei community’s inclusion in the Scheduled Tribe list.
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However, the court noted that, in accordance with the Supreme Court’s decision in State of Maharashtra versus Milind & Others, Courts cannot expand jurisdiction to deal with issues of inclusion in the ST list.
Such matters, the court pointed out, can only be amended or varied by Parliament through law, as specified in Presidential Orders issued under Article 341 and 342.
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