New Delhi: The Supreme Court on Friday mooted the idea of constituting special courts to conduct day-to-day trials into the 2023 Manipur violence cases and directed the probe agencies to expeditiously complete investigation into all pending cases within a reasonable time.
Event Context
The order was passed by a bench headed by Chief Justice of India (CJI) Surya Kant in a batch of petitions for monitoring the issues of investigation into the criminal cases, relief and rehabilitation of victims and those displaced due to the ethnic violence in the state.
The bench, also comprising justices Joymalya Bagchi and V Mohana said, “We tentatively propose to constitute special courts, with the concurrence of the Manipur government, and the high courts of Manipur and Gauhati so that trials in these cases can be taken up on a day-to-day basis, especially in view of the inordinate delay in the ongoing investigations.”
Posting the matter after two weeks, the court directed the two probe agencies to “do their best” to complete the pending investigations.
Team Analysis
The criminal cases emanating from the violence are being probed by the Central Bureau of Investigation (CBI) and the special investigation teams (SIT) constituted by the state police. Two reports were submitted by the respective agencies in sealed cover which showed that several SITs are investigating 3,020 cases across the eight districts in the state while CBI is probing only 31 cases involving heinous offences of murder and rape.
The court was informed that the SITs have completed investigation in only 301 cases and trial has commenced in respect of 11 cases. There are 2,924 witnesses to be examined and charges have been framed only in 31 cases.
The CBI status report points out that in 21 cases, investigation is complete although supplementary investigation is still continuing in 11 cases. Six closure reports were filed of which three have been accepted by the designated court. Investigation in four cases is still pending.
The CBI pointed out that the agency faced several “challenges” owing to the volatile law and order situation as witnesses cannot be examined in such situations. The agency said it is facing a “trust barrier” as some witnesses have refused to cooperate while in other cases, the local dialect is causing an impediment. The agency flagged prolonged suspension of internet services along with restrictions on free movement in the state further hampering the probe.
The court said, “It may be true that on account of challenges highlighted by CBI, they may be facing hardships in taking the investigation to its logical conclusion. We are of the view that such pending investigations be completed within reasonable time.”
As the trial in some cases were shifted to the neighbouring state of Assam, the bench was informed by families of some of the deceased victims represented by advocate Vrinda Grover that despite court’s earlier orders, charge sheets have not been supplied.
Additional solicitor general (ASG) Aishwarya Bhati appearing for the Manipur government and CBI informed the court that charge sheets were supplied to the victims but not to any third persons. The bench directed the state and CBI to ensure the same is supplied to the victims latest within a week and asked the state legal service authority of Manipur to facilitate the same.
Match Outlook
The bench further directed Bhati to prepare a tabulated chart of cases where the investigation is pending or the charge sheet has been filed. “This will give us an estimated idea on how many trials need to be conducted. This information will be required to confirm the strength of special courts we propose to establish,” the court said.
The court also dealt with individual applications filed by church organisations claiming that for nearly three years, the damaged church buildings have not been reconstructed. The court said that this matter could be handled by a judge committee headed by former high court judge justice (retd) Gita Mittal. ASG Bhati pointed out that the committee had in an earlier report stated that reconstruction of housing is its priority and places of worship will be dealt with later.
Advocate Shahrukh Alam representing the church organisation said that their properties are being encroached upon. She cited a case where a gym now operates at a church site.
Referring the matter to the justice Mittal committee, the bench asked the committee to verify the claims and ensure wherever a lawful structure exists, the same should not be allowed to be encroached.
The court extended the term of the committee till December 31, 2026 and sought further status reports to be filed by CBI and SIT by the next date of hearing.
