The
Supreme Court on Monday said the trial of the Manipur ethnic violence cases,
probed by the CBI, would be conducted in Guwahati, Assam, where it was
transferred to earlier.
A
three-judge bench headed by Chief Justice Sanjiv Khanna also extended till July
31, 2025, the tenure of a committee headed by Justice Gita Mittal, the former
chief justice of the Jammu and Kashmir High Court.
The
panel, also comprising former Bombay High Court judge Shalini P Joshi and Asha
Menon, former Delhi High Court judge, was set up on August 7, 2023 by the top
court to oversee relief and rehabilitation of the victims of ethnic violence in
Manipur.
The
tenure of the panel was previously extended by the top court by six months on
August 5, last year.
On
Monday, the bench noted the submissions of a lawyer over the fate of the trials
in the cases that were transferred to Guwahati for pre-trial proceedings by the
bench on August 25, 2023. “We clarify that the trial of transferred cases will
be held before the courts at Guwahati,” the CJI said.
Keeping in mind the “overall environment in Manipur
and the need for ensuring a fair process of criminal justice administration”,
the top court transferred to Assam, 27 cases, having various offences,
including the sexual assault case of the two women seen in a viral video being
paraded naked.
While
passing a slew of directions, the top court had directed the Gauhati High Court
chief justice to nominate one or more judicial officers to deal with the
transferred cases. Of the 27 cases, 20 related to charges of molestation, rape,
murder whereas three related to loot of weapons.
On
the supply of the several reports submitted by the judges' panel to all the
litigants, the bench was in the affirmative but asked the parties to exercise
caution due to the "sensitivities involved". Concurring with the
bench, solicitor general Tushar Mehta, representing the Manipur government,
pointed out the possibility of some having "other motives".
The
bench posted the next hearing in the week of July 21. On December 9, last year,
the bench directed the Manipur government to submit a detailed sealed-cover
report on the number of properties that were fully or partially burnt, looted,
or encroached upon during the ongoing ethnic violence in the state.
It
had emphasised the need for the state to address the grievances of the
displaced persons and take steps to restore their properties. The court also
directed the Manipur government to provide specific details such as “buildings
burnt or partially burnt, buildings looted, buildings trespassed or encroached
upon”.
The
report was ordered to also provide information on the owners and current
occupants of these properties, along with the details of any legal actions
taken against trespassers. The report was directed to indicate the steps taken
by the state government to ensure trespassers were proceeded against as per the
law.
"You
have to take a decision on how you want to deal with it or in terms of criminal
action as well as to ask them (encroachers of the properties) to pay ‘mesne
profits' for the use of the occupation…,” the apex court had said. Mesne profit
is the compensation paid to a rightful owner of a property by a person who is
in unlawful possession of it.
The
top court also asked the state government to respond to the issue of release of
funds for temporary and permanent housing as flagged by the judges' panel. In
August, 2023, the top court asked former Maharashtra police chief Dattatray
Padsalgikar to monitor the probe into the criminal cases.
Over
200 people were killed, several hundred injured and thousands displaced since ethnic
violence first broke out in the state on May 3, 2023 when a "tribal
solidarity march" was organised in the hill districts to protest against
the majority Meitei community's demand for scheduled tribe status.