MUTUM CHURAMANI MEETEI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. M. Hemchandra, learned senior counsel appearing for the petitioners, Mr. M. Rarry, learned Special State counsel appearing for the State respondents and Mr. Kh. Samarjit, learned DGSI appearing for the Union of India.

(2.) The present review petition has been filed under Chapter - X of the Rules of the High Court of Manipur read with Article 215 of the Constitution of India and Order XLVII R. 1 of the Civil Procedure Code, 1908 seeking review of the Para of 17 (iii) of the judgment & order dtd. 27/3/2023 passed by this Court in W.P.(C) No. 229 of 2023, with the following prayer :

(3.) Brief facts of the petitioners' case: The Meetei/Meitei is one of the indigenous tribes among the ethnic tribes of Manipur. The Manipur was an independent sovereignty country and Manipur was conquered by the British on 27/4/1891. Thereafter, the region saw two kings only - Maharaja Churachand Singh (1891 - 1941 AD) and Maharaja Budhachandra Singh (1941 - 1949 AD). India got independence on 15/8/1947 from British colonial Rule and prior to India, Manipur got independence on 14/8/1947 and on 21/9/1949 Maharaja Bodhachandra, Private Secretary Sanasam Gourahari Singh and ADC Mayengbam Anand Mohan Singh formally signed the Manipur Merger Agreement. On 15/10/1949, the Government of India officially announced that Manipur became a part of India. In the Manipur Merger agreement, 1949, the Government of India undertook certain terms and conditions for preserving various laws, customs and conventions prevailing in the State pertaining to the socio economic and religious life of the people. In the present case, earlier before the Merger Agreement, all Manipur people are the Tribe but Meetei/Meitei community was left out while preparation of list of Scheduled Tribes under the Indian Union. The status of Meetei/Meitei Community before execution of the Merger Agreement on 21/9/1949 as a "Tribe among Tribes of Manipur" should be maintained by including the Meetei/Meitei community in the list of Schedule Tribe under the Constitution of India as the Article VIII of the Merger Agreement dtd. 21/9/1949 executed between the Maharaja of Manipur and Government of India. The Meetei/Meitei of Manipur has lost the identity of the Tribe while merging with the Union of India on September 21, 1949 and earlier Manipur was simple classless tribal society. However, at the time of merging the Manipur with the Indian Union, 29 (twenty nine) communities of Manipur have been included in the Scheduled Tribe List of Indian Union and thereafter, as per the order dtd. 26/5/2003 of the Hon'ble Gauhati High Court, Imphal Bench passed in W.P.(C) No. 4281 of 2002, Chongthu, Khoibu and Mate have been included in the list of Schedule Tribes. Accordingly, now there are 34 (thirty four) numbers of tribal community of Manipur was included in the list of schedule tribe of the Indian Constitution, but Meetei/Meitei Tribe was left out. As per Article 342(1) and 366 (19, 23, 25) of the Indian Constitution, the Meetei/Meitei community should be restored the Tribe Status by recognizing as a tribe/tribal community by issuing presidential order after completing procedure and modalities prescribed by the Government of India as the Meetei/Meitei are still tribe but status of Meitei community was left out while preparation of scheduled tribe lists. Meetei/Meitei tribe union and other organization have been demanding by submitting various representations to the Union of India as well as the Government of Manipur. Considering grievances of the people of Manipur, the Government of India, Ministry of Tri bal Affairs wrote a letter No. 1902005/2012-C&IM dtd. 29/5/2013 to the Government of Manipur in reply to the representation submitted by Scheduled Tribe Demand Committee whereby requesting for specific recommendations along with latest socio-economic survey and ethnographic report. Inspite of the letter dtd. 29/5/2013, the Government of Manipur failed to submit the recommendation till date. Meetei/Meitei Tribe Union has also submitted a representation to the Union of India and in reply to the representation submitted by the petitioners' union, the Ministry of Home Affairs, Government of India wrote a letter No. 12/78/2020-SS dtd. 20/5/2022 whereby forwarding the representation dtd. 18/4/2022 to the Ministry of Tribal Affairs, Government of India for further necessary action. Accordingly, the Ministry of Tribal Affairs, Government of India also wrote a letter being No. 12026/09/2013-C&LM dtd. 31/5/2022 to the Government of Manipur (Home Department). But, the State Government failed to take up the necessary action for submission of the recommendation till date. The petitioners beg to submit that as per the procedure of the Government of India for inclusion in or exclusion from the list of Scheduled Tribes, it has provided the following process: "Whenever representations are received in the Ministry for inclusion/exclusion of any community in/from the list of Scheduled Tribes of a State/UT, the Ministry forwards that representation to the concerned State Government/U.T. administration for recommendation as per the modalities. If the concerned State Government/UT recommends the proposal, then the same is sent to the Registrar General of India (RGI), if satisfied with the recommendation of the State Government/UT, recommends the proposal to the Central Government. Thereafter, the Government refers the proposal to the National Commission for Scheduled Tribes for their recommendations. If the National Commission for Scheduled Tribes also recommends the case, the matter is processed for the decision of the Cabinet. Thereafter, the matter is put up before the Parliament in the form of a Bill to amend the Presidential Orders."