Art 355 not yet imposed, says status report to MHRC
Source: The Sangai Express

Imphal, June 15 2023: Article 355 has not yet been imposed in Manipur, said the Chief Secretary and Commissioner (Home) of Manipur in a status report submitted before the Manipur Human Rights Commission (MHRC) yesterday.

The report was furnished in connection with the unrest in the State since May 3 .

MHRC had sought the status report from both the Chief Secretary and the Secretary of Home Affairs, Union of India after taking notice of an instant complaint filed before the Commission by secretary of All India Lawyers Union (AILU), Manipur State Committee Salam Pari Luwang to inquire violation of human rights and the failure of the State Government to prevent the violence in Manipur.

As per Article 355 in the Constitution of India, the Union of India should protect every State against external aggression and internal disturbance and ensure that all State Governments abide by the provisions of the Constitution.

The Commission heard P Tomcha, Advocate General appearing for the complainant as well as H Debendra, Deputy Advocate General assisted by Niranjan Singh, Additional Government Advocate appearing for the respondent (Chief Secretary and Commissioner-Home) .

During the hearing, the respondent submitted the status report wherein the Government of Manipur cleared its stand regarding the present situation and also replied to the contention made by the complainant in the complaint petition.

It was also submitted that the Union of India has not imposed Article 355 in Manipur as yet and therefore the contention made regarding it was not correct.

Replying to the submission, Advocate P Tomcha prayed for some time to examine the status report served yesterday.

He also submitted that imposition of Article 355 can only be ascertained after getting a status report from the Secretary, Ministry of Home Affairs, Union of India.

P Tomcha went on to contend why the Union Government appointed Kuldiep Singh, IPS, retired DG of CRPF as Security Advisor to look after the law and order situation in the State which is a State subject if Article 355 is not imposed.

The submitted report also stated, "Extreme steps are resorted to from both sides of the communities and cannot be attributed to only one community" .

Steps taken up by the State Government in consultation with the Central Government to bring normalcy in the State and security coordination and review meetings held on daily basis besides compensation packages and security measures taken up at religious places were also mentioned in the status report.

Taking note of the report, the Commission said they are not expressing any opinion at this stage.

The Commission also expressed anguish regarding untoward incidents that happened in various tribal and non-tribal localities during curfew hours and listed the matter on July 14 .

The Commission further said the complainant may file its rejoinder/reply against the status report submitted by the Government of Manipur and directed the Secretary, Ministry of Home Affairs, Union of India to submit the status report regarding the grievances of the complainant on or before the next date.

The matter can be decided in a meaningful manner with the status report (from the Secretary, Ministry of Home Affairs) as the Union Home Minister had specifically stated the present situation in the State is a fallout of the order of Acting Chief Justice of Manipur High Court to media persons recently but the same was missing in the report submitted by the State Government, the Commission noted.

The Commission also granted liberty to the Chief Secretary/Commissioner (Home), Government of Manipur to submit an additional status report on or before the next date.

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