The Supreme Court directs the Manipur government, CBI, and NIA to submit reports on investigations and chargesheets related to ethnic violence. It is assessing whether trials should occur in Assam or Manipur based on the information provided.
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NEW DELHI: The Supreme Court of India, on a Monday(11th March), called upon the Manipur government, the National Investigation Agency (NIA), and the Central Bureau of Investigation (CBI) to provide detailed reports concerning the ongoing investigations in the violence in Manipur.
Presided over by Chief Justice of India, D Y Chandrachud, the three-judge bench addressed a communication from the Registrar General of Gauhati, which included a letter from the Special Judge of CBI and NIA. The letter sought-
“Further clarification is sought on two aspects: (1) whether the trial should proceed in Assam following the filing of the chargesheet and (2) the procedures to be adhered to in the event that the accused is determined to be a juvenile on the date of the commission of the offense.”
In response, the Supreme Court stated:
“The Special Judge’s communication is in reference to the court’s order dated August 25, 2023, wherein the Chief Justice of Gauhati High Court was requested to nominate one or more officers with the rank of Chief Judicial Magistrate and Special Judge in Gauhati, Assam, to oversee all proceedings related to the investigation of cases concerning the violence in Manipur. We instruct the government of Manipur and CBI/NIA to submit an updated status report within two weeks. This report should detail whether chargesheets have been filed, specifying the number of cases, and provide information on the current stage of investigation in pending cases.”
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The bench further engaged with the Manipur Advocate General to gain a clearer understanding of the scope of the cases, expressing the need for assistance on whether the trial should proceed in Assam.
Senior Advocate Vibha Datta Makhija, representing the Justice (Retired) Gita Mittal Committee appointed by the court, pointed out “some matters of grave importance.” She emphasized the dire state of affairs exacerbated by the actions of rival groups, leading to a halt in all relief activities, especially after the burning down of the District Collector’s office, a crucial hub for relief materials.
Makhija remarked:
“The government has been interacting and some magisterial enquiry has also been set up. But that is not the main point. The point that is being sought to be brought before this court is that because of both the factions and because of inciting material, now this is not protest, it has become an armed protest where the officers are held to ransom. The residence of the District Collector…has been completely burnt down. The highways are stopped. There is no movement of relief material.”
Chief Justice Chandrachud emphasized the responsibility of the state government in maintaining law and order, stating:
“That is why the state government is there, to bring about law and order. How can the SC direct organisations to desist from violence, and provocations that can lead to violence?…These are not matters where this court can give directions. It is a matter for proper policing and maintenance of law and order by the government…We can’t be issuing directions to civil society organisations. That’s for the government to control their activities.”
The Supreme Court’s stance reflects its commitment to judicial propriety and the demarcation of powers between the judiciary and the executive. While the court refrains from overstepping its jurisdiction, it emphasizes the imperative role of the state government and law enforcement agencies in quelling the unrest and restoring normalcy in Manipur.
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The incidents of February 15 and February 27, which have been transferred to the CBI, are under scrutiny, and the Attorney General has been tasked with verifying the details. The Supreme Court’s directive for the Manipur government, CBI, and NIA to submit comprehensive reports is a step towards understanding the extent of the violence and judicially managing the aftermath, ensuring that the trials, whether in Assam or Manipur, are conducted fairly and efficiently.
