'Fair, Precise, Truly Done As Officer Of Court' : Supreme Court Appreciates Advocate Nizam Pasha For Suggestions To Mitigate Manipur Situation

The Supreme Court today, while hearing the batch of petitions pertaining to the ongoing violence in the State of Manipur, lauded Advocate Nizam Pasha for his valuable and "fair" suggestions aimed at mitigating the ongoing crisis. 

Yesterday, stating that the Court cannot take over the control of law and order from the elected government, the bench led by Chief Justice of India DY Chandrachud had called for "constructive suggestions" from the petitioners which could be considered by the government, while leaving out the aspect of security measures for the executive to handle.

The inputs of Advocate Pasha were met with high praise from the bench led by Chief Justice of India DY Chandrachud.

The CJI acknowledged Advocate Pasha's suggestions and applauded the manner in which he presented his suggestions. Describing them as "fair, pointed, and concise", the CJI emphasized the absence of innuendos in Pasha's recommendations. 

"The way and the manner in which Mr. Pasha has given his suggestions - it is very fair. They are pointed suggestions, very crisp and to the point. There are no innuendos. We appreciate the way that you've done it. It is truly done as an officer of this court," the CJI stated.

Advocate Nizam Pasha, presented the following 13 suggestions on behalf of the Zomi Students Federation of India :

1. Several bodies are reported to be lying unidentified and unclaimed in several mortuaries in hospitals across Imphal including The Jawaharlal Nehru Institute of Medical Sciences Morgue, Imphal. Families of persons who are missing and feared dead are unable to reach these mortuaries. The State may designate an officer who can be contacted and who will facilitate visits by such families to mortuaries under escort/protection and enable the process of identification and handover of dead bodies for last rites.

2. There is an acute shortage of doctors in the district hospitals in the hill districts. The doctors deputed by the health ministry and those promised by the Hon’ble Home Minister may be sent to the district hospitals in the hill districts to address this shortage.

3. There is shortage of essential medicines, Dialysis Machines, CT Scan Machines in the district hospitals in the hill districts which must be addressed.

4. Arrangement has been made for students of Churachandpur Medical College to attend classes in Jawaharlal Nehru Institute of Medical Sciences, Imphal (JNIMS). Similar arrangement may be made for medical students of JNIMS, Regional Institute of Medical Sciences, Imphal (RIMS) and other medical colleges in Imphal to attend classes in other institutions of similar standing outside the state.

5. Manipur University has decided to conduct examinations in all its affiliated colleges. These examinations need to be deferred since schools and colleges in the hill districts have been converted into relief camps and a large number of students and university staff have been forced to flee their homes.

6. Helicopter Services have been provided between Churachandpur, Kangpokpi and Tengnoupal and Imphal. Such services are in fact required between Churachandpur, Kangpokpi and Tengnoupal and Aizawl, Guwahati and Dimapur as tribals from the hill districts are still afraid to come to Imphal even to use the airport.

7. Jio and Vodafone Cellular Services have not been functioning in the State for the last several weeks and need to be restored.

8. The State Government has issued a circular on 26th June 2023 asking all government employees to immediately report to work and threatening disciplinary action against employees who fail to do so. This circular may be withdrawn as a large number of persons have either fled the State or are living in relief camps.

9. There are 105 relief camps in Churachandpur, 56 in Kangpokpi, 10 in Chandel and 15 in Tengnoupal being run by community self-help groups. There is acute shortage of drinking water, food, sanitation, shelter and bedding at these for the displaced persons staying at these relief camps. The Petitioner be allowed to submit a list of items urgently required at these camps and the Respondents State/Central Government be directed to supply these items at the earliest.

10. Direction be issued by this Hon’ble Court that appropriate restraint be exercised by persons holding official positions from making inciting or provocative remarks directed at any particular community that may exacerbate the conflict as per the directions issued by this Hon’ble Court in the case of Kaushal Kishor v. State of U.P., (2023) 4 SCC 1.

11. The Hon’ble Home Minister, after discussions with representatives of all communities had indicated that an inter-agency unified command would be set up under the chairmanship of the security adviser Shri Kuldeep Singh. However, as per the updated status report, the meetings of the unified command center are being chaired by the Chief Minister which is contrary to the stated position of the Central Government. This needs to be corrected to generate confidence in the neutrality of measures being undertaken.

12. A status report be called for on the number of arms looted from the police armories, the number of such arms recovered and the measures being undertaken for recovery of the remaining arms.

13. To make the task of this Hon’ble Court easier, a committee having representatives of both the affected communities and chaired by a retired judge of this Hon’ble Court be appointed to oversee rescue, relief and rehabilitation measures and to address grievances concerning the same. This will ensure neutrality and build confidence in the impartiality of the relief and rehabilitation measures. At present the teams comprising ministers and MLAs appointed by the Government to oversee relief and rehabilitation measures comprise of 35 MLAs (from a legislative assembly comprising 60 MLAs) across seven teams in-charge of seven (7) districts pointedly do not include even a single MLA from the Zo-Kuki tribes which damages public confidence in the neutrality of the measures being undertaken.

For more, refer to this report - 'Protect Lives Of Citizens Of Manipur' : Supreme Court Seeks State Action On Certain Suggestions Made By Petitioners

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