New Delhi: The Supreme Court on Monday, March 11, directed the Manipur government, Central Bureau of Investigation (CBI) and the National Investigation Agency (NIA) to file reports elaborating on the status of probe and the charge sheets filed in cases of ethnic violence to help it take a decision on whether the trials can commence in Assam or be undertaken in Manipur.
A three-judge bench presided by Chief Justice of India D.Y. Chandrachud was dealing with a communication from the registrar general of Gauhati high court forwarding a letter of the special judge, CBI, and NIA, seeking clarifications on whether trial should be conducted in Assam after the filing of chargesheets, and modalities to be followed in the case an accused is found to be juvenile on the date of commission of an offence.
According to the Indian Express, the apex court said, “The letter of the Special Judge arises in the context of the order dated August 25, 2023, of this court by which the Chief Justice of Gauhati High Court was requested to nominate one or more officers of the rank of Chief Judicial Magistrate and Special Judge in Gauhati, Assam, to conduct all proceedings in connection with the investigation of cases relating to the violence in Manipur….We direct that an updated status report be filed…within a period of two weeks by the government of Manipur as well as CBI/NIA in regard to the investigations. The status report shall indicate whether chargesheets have been filed, and if so in how many cases and the stage of the investigation in others.”
The top court also, meanwhile, made it clear that it cannot issue directions to the state government and law enforcement agencies to maintain law and order in Manipur in the wake of a spate of violent incidents, armed protests, blocking of the highways and the attack on the residence of a district collector in the last two months.
“These are the matters where this court cannot give directions. We cannot be issuing directions to the civil society organisations to maintain law and order…The state government is there to maintain law and order,” said the bench also comprising Justices J.B. Pardiwla and Manoj Misra, according to PTI.
The top court told attorney general R. Venkataramani, appearing for the Manipur government and the investigation agencies, to take instructions on the report of the Justice Gita Mittal committee on the recent incidents of violence in the state. The Justice Mittal committee wanted the top court to pass some orders following the recent incidents of violence.
The court asked the counsel, appearing for the panel, to provide a copy of the report to the attorney general to take instructions on the issue.
Additional solicitor general Aishwarya Bhati, who was also appeared for the Manipur government, urged the court that trial be held in the state as there was a marked improvement in the situation.
“We want to know whether the cases were ripe for the trial or not,” the bench said, adding that a tabulated chart be filed on the status of cases.
The apex court ordered the listing of petitions on Manipur violence after two weeks. The top court had, on August 25 last year, ordered transfer of several Manipur violence cases being probed by the CBI, including the sexual assault case of two women seen in a viral video being paraded naked, to Assam.
It had asked the Chief Justice of the Gauhati high court to nominate one or more judicial officers to deal with them.
Among several directions, the apex court ordered virtual examination of victims and witnesses by courts, saying they have been issued “at the present stage, bearing in mind the overall environment in Manipur and the need for ensuring a fair process of criminal justice administration”.
“Both sides (Kuki and Meiteis) have been hurt …There have been victims in valleys, and in hills. It would be difficult for people who suffered in valleys to travel to hills, and the other way round. We are not on who suffered more, just the practical difficulty,” the CJI had said, adding the top court will pass orders which will be fair to both sides.
Prior to this, the Union government had ordered a CBI probe into several cases of ethnic violence in Manipur.
