SC refuses to hear plea on internet shutdown in Manipur, asks petitioners to approach HC

“A division bench (of the HC) is seized of the matter. And yesterday we have recommended a regular Chief Justice for the Manipur High Court. Hopefully, he will be in session very shortly. So you move the High Court,” the CJI said.

CJI Chandrachud pointed out that the moment the Supreme Court issues notice on the plea, the high court will stop looking into the matter and therefore it would be appropriate if the petitioners move the high court. “We will not interfere now,” the court said.

The counsel said that the high court had so far not examined the principle of proportionality but left it to the government and the expert committee which was formed to examine if the internet could be restored in the state.

The bench also comprising Justices P S Narasimha and Manoj Misra accordingly allowed the petitioners to withdraw the plea and either intervene in pending proceedings before the high court or institute fresh proceedings there.

“A division bench of the High Court of Manipur is seized of PIL… in which orders have been passed on June 27, 2023, constituting an expert committee. The HC has directed the expert committee to examine certain issues and to report back on whether…limited internet services can be restored in the state. Counsel appearing on behalf of the petitioners submits that the aspect of proportionality would also merit consideration in the pending proceedings,” the bench said in its order.

“At this stage, faced with the fact that a writ petition under Article 226 is pending before the division bench of the HC, learned counsel seeks permission to withdraw the permission of the court to withdraw the petition so as to enable the petitioners to either intervene in the pending proceedings or if so advised to initiate independent proceedings before the HC. We grant permission for the petitioners to do so keeping all their rights and contentions open,” the order further said.

The Supreme Court Collegium headed by the CJI had on Wednesday recommended that Justice Siddharth Mridul of the Delhi High Court be appointed Chief Justice of the Manipur High Court.