The Supreme Court on Friday proposed constituting special courts to conduct day-to-day trials in criminal cases arising out of the 2023 ethnic violence in Manipur and directed the Central Bureau of Investigation (CBI) and Special Investigation Teams (SITs) to expedite pending investigations and file charge sheets at the earliest.
The Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana observed that considerable delay had occurred in the investigation of the violence-related cases and indicated that special courts may be constituted, in consultation with the Governments of Manipur and the High Courts of Manipur and Gauhati, to ensure the expeditious disposal of criminal trials once investigations are completed.
The Bench emphasised that the proposed special courts would become operational only after the investigating agencies conclude their probes and file the requisite charge sheets. Stressing the need for timely investigation, the Court directed both the CBI and the SITs to make every effort to overcome existing impediments and complete the investigations within a reasonable time.
The Court also directed the Chief Secretary and Director General of Police of Manipur to extend full logistical and administrative assistance to the investigating agencies and examine what additional facilities could be provided to facilitate the completion of the probes.
During the hearing, the Court was informed that the SITs are investigating 3,020 criminal cases across eight districts of Manipur. Charge sheets have so far been filed in only 301 cases, charges have been framed in 41 matters, and trial has commenced in 10 cases. The Bench further noted that nearly 2,924 witnesses have been cited in these cases.
The CBI informed the Court that, of the 31 cases transferred to it, charge sheets have been filed in 21 matters, while supplementary investigation is continuing in 11 cases. Closure reports have been submitted in six cases, of which three have already been accepted by the competent courts, while four cases remain under investigation.
The investigating agency highlighted several practical difficulties affecting the progress of the investigation. It submitted that the volatile law and order situation, large-scale displacement of victims and witnesses, lack of cooperation arising from mistrust, and language barriers caused by multiple regional dialects had significantly hampered witness examination and evidence collection. The CBI further stated that prolonged internet suspension had adversely affected the collection of electronic and digital evidence, while restrictions on movement had impeded field investigations.
Taking note of these challenges, the Bench observed that the investigations must nevertheless be taken to their logical conclusion without undue delay. It sought fresh status reports from the CBI, the State SITs and the court-appointed monitoring committee headed by former Maharashtra Director General of Police Dattatray Padsalgikar regarding the progress of the violence-related investigations.
The Court also directed the investigating agencies to collate details of all First Information Reports (FIRs) in which investigations are pending or charge sheets have been filed. It observed that the information would enable the Court to assess the number of special courts required for the effective and time-bound trial of the cases.
In addition, the Bench noted that several victims and their families had not yet received copies of the charge sheets filed by the CBI and the SITs. It permitted legal aid counsel representing the victims to approach the offices of the Chief Justices of the Gauhati High Court and the High Court of Manipur to obtain the relevant records and directed the investigating agencies to provide copies of the charge sheets within one week.
The Supreme Court also requested the High Court of Manipur to examine matters relating to 30 persons who remain missing since the outbreak of the violence.
The ethnic violence in Manipur erupted in May 2023 following a Tribal Solidarity March organised to oppose the demand for Scheduled Tribe status for the Meitei community. The unrest, which followed an April 2023 order of the Manipur High Court directing the state government to consider the inclusion of the Meitei community in the Scheduled Tribe list, led to widespread clashes between the Meitei and Kuki-Zo communities.
After a video showing two women being paraded naked surfaced, the Supreme Court took suo motu cognisance of the situation and has since been monitoring the investigation, rehabilitation measures and criminal proceedings arising out of the violence. In 2024, the Manipur High Court recalled its earlier order concerning the Scheduled Tribe recommendation. More than 200 people have been killed, hundreds injured and thousands displaced in one of the country’s worst episodes of ethnic violence in recent years.
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