Analysis

Manipur Violence | SC reiterates the need of special courts to hear cases

The Bench directed the Manipur Legal Service Authority to furnish information on unnatural death cases in the state

Today, the Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana took note of status reports filed by former DGP Dattatray Padsalgikar and the Justice Geeta Mittal Committee inquiring into the human rights violations in the Manipur ethnic violence. The Court issued directions to Manipur Legal Services Authority to ensure the safety of internally displaced persons residing in camps across the state. 

Expediting CBI and NIA matters 

Additional Solicitor General Aishwarya Bhati, appearing for Manipur, submitted that there are 3020 cases before the Special Investigation Team (SIT) so far, of which, closure reports have been filed in 1583 cases. Further, 302 cases have been chargesheeted, of which, trial has commenced in 38 cases. Bhati submitted that 1135 cases still remain pending. 

Bhati then submitted that the CBI is investigating a total of 31 cases, of which a chargesheet has been filed in 28 cases. A closure report has been filed in three cases. Bhati further submitted that the Manipur Legal Services Authority has collated a comprehensive report of all such cases, the details of which has been supplied to the victims and their advocates. The counsel, however, expressed concerns over the trial moving slowly through the Court. 

As per the Order of 10 August, the Court requested the Chief Justice of Gauhati High Court to consider allowing the CBI and NIA courts to exclusively deal with Manipur-related matters. Counsel appearing for CBI submitted that owing to the jurisdiction of the CBI and NIA courts over Prevention of Corruption (PC) cases, the scope for trial in Manipur-related matters have been restricted to only two-days in a week. 

Responding to the issue, CJI Surya Kant reiterated the need to place faith in the High Court. He noted that speedy trial will not be a concern if “competent officers, with commitment” continue to take up matters twice-a-week. He further  stated the need to establish at least two special courts to ease the mounting pressure on the only Court hearing cases pertaining to violence in Manipur. 

 Status report on Manipur 

CJI Surya Kant summarised the 16th Status Report in Manipur. The report was filed on 8 September by Padsalgikar, who was assigned in 2023 to monitor the CBI inquiry into the ethnic violence in Manipur. The report documented recent unrest surrounding the demand for an updated National Register of Citizens (NRC) before the census, sought by The Campaign for Just and Free Delimitation. This resulted in a general strike that went on for 48 hours. The report noted that the Manipur Government decided to suspend the census before NRC was implemented in the state. This initiative is reported to have received positive response from communities across Manipur. 

CJI Surya Kant further took note of the 47th Report filed by the Justice Geeta Mittal Committee on Manipur. The Report highlighted dire conditions in the relief camps noting that several displaced persons, living in relief camps, suffered unnatural death. The Committee provided 34 cases of unnatural death of which only 25 cases were registered and post-mortem was conducted in only 20 cases. Despite the Committee having asked the Chief Secretary of Manipur for more information, no adequate response was furnished. 

CJI Surya Kant directed the Advocate General of Manipur to furnish requisite information with respect to the unnatural deaths alongside post-mortem reports and a report on the remedial measures taken by the state to ensure safeguards to internal displaced persons. The CJI directed the Manipur Legal Services Authority to furnish information with regard to: 

  1. FIRs registered in respect of all 34 cases of unnatural death 
  2. Adequate ascertainment of the cause of death in all cases 
  3. Measures taken to ensure the safety of internally displaced persons and,
  4. Expediting investigations on the FIRs already registered. 

The matter will be heard next on 5 October, 2026.