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This is an archive article published on September 6, 2023

Act against illegal arms, irrespective of who is stocking or using them, SC tells Manipur government

The Supreme Court also sought a status report on its August 7 direction to the Manipur government to take stock of the arms looted or missing and to formulate a plan for recovering them

Manipur violenceFlames and smoke billows out after an old warehouse owned by a retired bureaucrat set ablaze amid violence in Manipur, at Palace Compound in Imphal East district. (PTI/File)
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Act against illegal arms, irrespective of who is stocking or using them, SC tells Manipur government
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The Supreme Court on Wednesday asked the Manipur government to act against illegal arms irrespective of the affiliations of those stocking or using them and sought a status report on its August 7 direction to take stock of the arms looted or missing and to formulate a plan for recovering them.

Presiding over a three-judge bench that took up petitions filed in the wake of the ethnic clashes that broke out in the state, Chief Justice of India D Y Chandrachud told counsel appearing for the various tribes who accused each other of looting weapons and using them that the court was “not concerned with who looted”.

“We are looking at it as we have said repeatedly that we are not concerned with the source of the wrongdoing. We are concerned with the fact that there has to be accountability for wrongdoing. We are not concerned with the source of human suffering. Irrespective of the source of the human suffering, everybody has to be dealt with on a uniform basis,” CJI Chandrachud said.

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“Even for disarmament, we are not concerned with if there are illegal arms on one side or the other. We are dealing with this objectively. The state has to take action irrespective of the source where the illegal arms are situated”, the CJI said, adding that the “investigation of crime, dealing with various aspects of human suffering, recovery of arms providing compensation, these have to take place across the board irrespective of who the person genuinely in need is”.

The bench also comprising Justices J B Pardiwala and Manoj Misra said in its order, “All the learned counsel appearing…have fairly stated that it would be appropriate if a status report is placed before this court for its perusal by the state of Manipur” in respect of the August 7 direction “which the Solicitor General has agreed to do. Having regard to the sensitivity of the issue, it has been agreed that presently the status report shall be made available only for the perusal of this court”.

The court in its August 7 judgment had directed the state to “take stock of the number of arms missing or looted from the armouries of the state and of these, the number of arms which have been recovered. Formulate and implement a plan to recover any missing arms”.

On Wednesday, senior advocate Sanjay Hegde told the bench that while the August 7 order only refers to arms in the control of the state, “the real problem is…there were a lot of arms in militant camps which were jointly patrolled by the state and those militants. Now what has happened is the militants have entered those camps, taken away the arms, and because it does not fall within the exclusive jurisdiction of the state, those arms are being paraded on Independence Day and that is what is adding to the violence”.

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The court clarified it meant arms not just from the state armouries but from all sources.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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