SC proposes special courts for Manipur violence cases

The Supreme Court on Friday proposed setting up special courts to conduct day-to-day trials in criminal cases arising from the 2023 ethnic violence in Manipur. It also directed probe agencies to expeditiously complete pending investigations and ensure that victims receive copies of chargesheets.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana took note of the fact that many victims and their families are yet to get copies of the chargesheets filed by the CBI and the state SIT in criminal cases. The lawyers will have to be provided the chargesheets within one week of legal aid counsel contacting them, the court said.

More than 200 people have been killed, several hundred injured and thousands displaced since ethnic violence first broke out in Manipur on May 3, 2023, when a ‘Tribal Solidarity March’ was organised in the hill districts to protest against the majority Meitei community’s demand for Scheduled Tribe (ST) status.

Hearing a batch of pleas relating to the violence, the apex court permitted the legal aid counsel representing the victims to approach the offices of the chief justices of the Gauhati and Manipur chief justices to seek copies of the chargesheets. 

Senior advocate Vrinda Grover informed the bench that despite previous directions, the families of two deceased victims had told her they had still not received the copies. She said one legal aid counsel had received the documents while another was still awaiting them. The law officer clarified that chargesheets were sensitive criminal records and required to be furnished only to victims and their lawyers and not to women’s groups or public interest litigants.

“We are informed by (Vrinda) Grover that regardless of the directions or status report, she has been informed by victim families that chargesheets have not been supplied to them. She was able to contact the legal aid counsels, one of whom has received a chargesheet. Others are awaited,” the bench said.

“We direct the legal aid counsels to immediately contact the office of the Chief Justices of the High Courts of Manipur and Gauhati. The authorities will ensure supply of chargesheets not later than one week from the date legal aid counsel contacts them,” it ordered.

Proposing to set up special courts to conduct day-to-day trials in criminal cases, the bench asked Additional Solicitor General Aishwarya Bhati, appearing for the state government, SIT and the CBI, to collate information about the cases where the investigations are complete and chargesheets are filed and also give details of those matters where probe is incomplete.

The apex court said it was tentatively proposing special courts with concurrence of the state of Manipur, the high courts of Manipur and Gauhati for day-to-day trials due to the inordinate delay in investigation.

“This will be possible only if CBI and the SIT are able to conclude investigation and file chargesheets. We emphasize both agencies to do their best and complete the investigation,” it said. The bench also directed the Manipur Government to provide full cooperation and assist agencies. It asked the CBI, state SIT and the court-appointed monitoring committee headed by former Maharashtra DGP Dattatray Padsalgikar to file fresh status reports about the violence-related cases.

“We have also impressed upon (Aishwarya) Bhati (the ASG) to collate details of all FIRs where investigations are pending or chargesheet filed. This would give an estimated idea as to the number of trials. This is crucial to determine the strength of courts required,” it said.

Besides, it asked the Manipur High Court to look into cases pertaining to 30 persons who went missing after ethnic violence.

Referring to the status reports filed, the bench said the CBI has filed chargesheets in 21 cases while investigations are continuing in 11 others.

The CBI’s closure reports have been accepted in three cases and four cases remain under investigation, it said.

The SIT is probing 3,020 cases across eight districts. It reported that chargesheets have been filed in 301 cases and trials commenced in 10.

The court noted that around 2,924 witnesses have been cited across the cases by the state SIT.

The CBI also highlighted several challenges affecting the investigations, including displacement of witnesses, lack of cooperation due to mistrust, language barriers and disruption in collecting digital evidence because of prolonged internet suspension during the violence, the bench noted.

While acknowledging these practical difficulties, the bench said that the pending investigations must nevertheless be completed within a reasonable time.