SC asks authorities to set up 2 special courts for Manipur violence cases

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.