The Supreme Court on Monday asked the Manipur and
Assam governments and others to consider setting up two special trial courts to
exclusively hear CBI and NIA cases arising from the 2023 ethnic violence in
Manipur.
Taking stock of the status of investigations into
cases arising from the ethnic violence in Manipur, a bench comprising Chief
Justice Surya Kant and Justices Joymalya Bagchi and V Mohana also directed the
authorities to compile details of cases in which chargesheets have been filed
so that victims, their families and legal counsel can access the relevant
records.
The bench also directed the registrar general of the
high court concerned to submit a status report on the issue before the next
date of hearing.
"The authorities shall consider setting up two
separate exclusive courts, one for dealing with the CBI cases and another for
dealing with the NIA cases arising out of the Manipur violence. The registrar
general of the high court shall submit a status report in this regard before
the next date of hearing," the bench ordered.
The CJI said the bench had devised a mechanism for
monitoring the investigation and also issued directions regarding reports
concerning such probes.
The bench said there were cases where chargesheets
have been filed.
"The request is that particulars of those
cases, including the relevant case numbers and status of the proceedings, be
made available so that the legal counsel as well as the families concerned have
access to the reports and proceedings. We accept the request and direct that
the relevant particulars and reports be compiled and placed before the
court," the bench said.
"We have also considered the status reports
regarding the cases investigated by the CBI and the NIA and the courts before
which the charge sheets have been filed. It has been pointed out that there are
Special Judges dealing with CBI and NIA cases," it said.
The bench said its concern was whether these courts
are dealing exclusively with the CBI and NIA cases arising out of the Manipur
violence or whether they are also dealing with other cases.
It then asked the authorities to consider setting up
two separate exclusive courts, one for dealing with the CBI cases and another
for dealing with the NIA cases arising out of the Manipur violence.
The bench also noted the facts about attacks on
Assam Rifles and protests seeking NRC (National Register of Citizens) before
the census.
"As regards the safety and security situation
in Manipur, joint action by the Manipur Police and security forces has
strengthened the process of recovery of arms and ammunition, as well as
arrests. With respect to the law-and-order situation, the CBI and NIA shall be
facilitated so that they are able to carry out their investigation uninterruptedly,"
it said.
The state of Manipur, as well as the central
agencies and security agencies, shall extend necessary support and coordination
to ensure the proper functioning of the system and maintenance of security,
including the safety of students, it said.
During the hearing, the bench was informed by
Additional Solicitor General Aishwarya Bhati that the CBI has investigated 31
cases, with final reports filed in 27, including 22 chargesheets and five
closure reports.
Four cases remain under investigation. Of the 22 CBI
cases in which chargesheets have been filed, cognisance has been taken in 20,
while it is pending in two, she added.
Only one of these cases is triable by a magistrate,
with the remaining matters being Sessions trials and all CBI cases have been
transferred to Gauhati, the law officer said.
The NIA, which was entrusted with 30 cases, has
filed chargesheets in 15, while investigations are continuing in the remaining
15, she told the bench.
"The 15 charge-sheeted cases are ripe for trial
despite further investigation continuing, and charges have been framed in seven
of them," she said.
"Of the 15 NIA cases in which chargesheets have
been filed, two are before a Delhi court, five before courts in Gauhati and
eight in Manipur," she said.
During the hearing, senior advocate Vrinda Grover
raised concerns over the availability of status reports and chargesheets,
saying victims and their families had not received documents despite earlier
directions.
Responding to the submissions, the law officer said
the bench has been seized of the matter since 2023 and had put in place a
mechanism for monitoring investigations as well as a committee to examine other
issues arising from the violence.
She said raising the broader issues again at this
stage would take the matter back to its initial stage and submitted that the
focus should be on the chargesheets and cases where trials were to proceed.
The ethnic violence in Manipur broke out on May 3,
2023, following a Tribal Solidarity March organised in the hill districts to
protest against the demand for Scheduled Tribe status by the majority Meitei
community.
More than 200 people have been killed, several
hundred injured and thousands displaced since then.