NEW DELHI: The Supreme Court on Friday mooted the idea of setting up special courts to conduct daily trials in violence cases in Manipur in 2023, directing investigating agencies to expeditiously complete investigation into all pending cases within a reasonable time.
The order was approved by a bench headed by Chief Justice of India, Surya Kant, among a batch of petitions to monitor cases of investigation of criminal cases, relief and rehabilitation of victims and people displaced due to ethnic violence in the state.
“We tentatively propose setting up special courts, with the approval of the Manipur government, and high courts in Manipur and Gauhati so that trials in these cases can be conducted on a day-to-day basis, especially in view of the inordinate delay in the ongoing investigations,” the bench, also comprising Justices Joymalia Bagchi and V Mohana, said.
Two weeks after the matter was published, the court directed the two investigative agencies to “exert their best efforts” to complete the ongoing investigations.
Criminal cases arising out of violence are investigated by the Central Bureau of Investigation (CBI) and Special Investigation Teams (SIT) constituted by the state police. Two reports were submitted by the agencies concerned in sealed cover which showed that several special investigation teams are investigating 3,020 cases across the eight districts of the state while the CBI is investigating only 31 cases involving heinous murders and rapes.
The court was informed that the Special Investigation Teams had completed investigation in only 301 cases and commenced trial in 11 cases. There are 2,924 witnesses to be questioned and charges have only been brought in 31 cases.
The CBI status report indicates that the investigation has been completed in 21 cases, although supplementary investigations remain ongoing in 11 cases. Six closure reports were submitted, three of which were accepted by the competent court. Investigations into four cases are still pending.
The CBI noted that the agency faced many “challenges” due to the volatile legal situation and system as witnesses cannot be questioned in such situations. The agency said it faced a “trust barrier” as some witnesses refused to cooperate while in other cases, the local dialect caused a barrier. The agency pointed to the suspension of Internet services for a long period, in addition to restrictions imposed on freedom of movement in the state, which further obstructs the investigation.
“It may be true that due to the challenges highlighted by the CBI, they may face difficulties in taking the investigation to its logical conclusion. We are of the view that such pending investigations must be completed within a reasonable time,” the court said.
As the trial in some cases was shifted to the neighboring state of Assam, families of some of the deceased victims represented by advocate Vrinda Grover told the bench that despite earlier court orders, chargesheets had not been filed.
Additional Solicitor General (ASG) Aishwarya Bhatti representing the Manipur government and the CBI informed the court that chargesheets have been submitted to the victims but not to any third person. The bench directed the state and the CBI to ensure the same is provided to the victims within a week at the latest and asked the State Legal Service Authority in Manipur to facilitate the matter.
The bench also directed Bhatti to prepare a schedule chart for cases where investigation is pending or chargesheet has been filed. “This will give us an estimated idea of the number of trials to be conducted. This information will be required to confirm the strength of the special courts that we propose to establish,” the court said.
The court also considered individual applications submitted by church organizations claiming that for nearly three years, the damaged church buildings have not been rebuilt. The matter could be dealt with by a judicial committee headed by former Supreme Court judge (retd) Geeta Mittal, the court said. Assistant Secretary-General Bhatti noted that the committee stated in a previous report that rebuilding housing was its priority and places of worship would be dealt with later.
Lawyer Shahrukh Alam, who represents the church organisation, said their property was being encroached upon. She cited a case in which a gym now operates on a church site.
Referring the matter to the Mittal Judicial Committee, the bench asked the committee to verify the claims and ensure that there is a legal structure, encroachment on which should not be allowed.
The court extended the committee’s tenure until December 31, 2026 and requested further status reports to be submitted by the CBI and SIT by the next hearing date.
