Supreme Court, Colin Gonsalves and Solicitor General Tushar Mehta
The Supreme Court on Tuesday witnessed a heated exchange of words between Solicitor General (SG) of India Tushar Mehta and Senior Advocate Colin Gonsalves during the hearing of a matter related to the outbreak of violence in Manipur.
The exchange took place before a Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Hands Misra in the context of a report filed by a committee headed by retired Justice Gita Mittal on the status of dead bodies yet to be claimed or identified by anyone.
The Court revealed that as per the committee report, some civil society organizations were obstructing families of the deceased from taking the identified bodies for funerals.
However, Gonsalves, representing the Manipur Tribal Forum, said,
“This is dated information. There is some consensus in the meeting with Home Ministry and now a site has been finalised. We are eager to receive the bodies.”
However, Gonsalves was interjected by SG Mehta, who said,
“Who is this we? Who are you representing?”
Mehta, who is representing the State, also said that if the next of kin wants to bury their family members in any one of the nine sites identified by the State, no one else can have any objection.
The Court said it doesn’t want to “keep the pot boiling” on dead bodies and that it would direct the State to ensure dignified burial of unclaimed bodies after notice to the public. At this point, Gonsavles said that the Forum is prepared to help.
However, the Court said it had enough help available.
SG Mehta then intervened, saying,
“Mr. Gonsalves, I know who you are appearing in this case.”
Gonsalves retorted,
“Stop bullying us, the tribals. We are appearing for the next of kin. You are the State. The assailants in this case.”
He also said that the Forum wanted to bury the dead in a mass grave, as per the Kuki tradition. However, SG Mehta responded,
“See that is the problem…I am not bullying tribals, but I know for whom you are appearing here.”
After the Court dictated the order asking the State to ensure dignified burial of unclaimed bodies, the SG and Gonsalves once again had a sharp exchange of words.
“Mr. Gonsalves, never try this again with me. Please see the page and see what these organizations are doing,” SG Mehta said.
In response, Gonsalves said,
“Have some shame Solicitor…Why are you aggressive with the victims?”
“My friend should understand that he is not in Jantar Mantar. I know what is his problem. That is the problem,” retorted Mehta.
During the hearing, CJI Chandrachud seemed to agree with the State and pointed out that the Justice Mittal-led Committee had also referred to the obstructions to the burial of bodies.
“Justice Mittal is [also] saying that coffins of 100 etc are placed outside the district collector,” the Court said.
The Court today said that it would not be appropriate to keep the bodies at mortuaries indefinitely, and issued a slew of directions to the State for burial of the dead.
