UNION OF INDIA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) WE have heard Mr. C. Komol, learned CGSC appearing for the appellants and Mr.R.S. Reisang, learned Sr.State counsel appearing for the State respondents.

(2.) THE appeal is directed against the judgment and order dated 24.04.2001 passed by the learned Single Judge in W.P.(C) No.651 of 2001 dismissing the writ petition challenging the competence of the State Government to issue the order dated 4.8.2000 instituting a Magisterial Enquiry into the firing incident on 2 -8 -2000 at the turning point of Thangmeiband Lilashing Khongnangkhong Imphal allegedly involving the personnel of 12th Assam Rifles, which resulted in the death one student, namely, Ngasepam Asothama Singh. The impugned order issued by the State Government is at AnnexureA/3 to the writ petition.

(3.) THE Union of India and others had challenged the competence of the State Government to institute the impugned Magisterial Enquiry inasmuch as Entry I of List -II of the Seventh Schedule to the Constitution expressly took away the power of the State Government to order such inquiry if the Army, Air Force and Navy or other forces subject to the control of Union or of any contingent or unit thereof in aid of civil power are involved. It is the contention of the appellants that in view of Section 3 read with Section 2 ofthe Commission of Inquiry Act, 1952, the State Government can appoint an Inquiry Commission or Magisterial Inquiry only in respect of matter relatable to the entries enumerated in List -II or List -III of the Seventh Schedule to the Constitution and not any other matte relatable to the entries enumerated in List I for which the Central Government alone is the appropriate authority. The contentions of the Union of India were not accepted by the learned Single Judge whereupon the impugned judgment and order dismissing the writ petition was passed. Aggrieved by this, this appeal has been preferred by the Union ofIndia. After hearing the learned counsel appearing for both the parties, it appears the controversy involved in this case is about the dispute between the Union of India and the State of Manipur, which can be adjudicated upon only by the Hon'ble Supreme Court under Article 131 of the Constitution of India. The provision of Article 131 of the Constitution of India is reproduced hereunder: