The Supreme Court is considering whether separate exclusive courts should be designated to conduct trials arising from the Manipur violence, with one court dealing with cases investigated by the CBI and another handling NIA cases.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi and Justice V Mohana considered the proposal in view of the large number of witnesses yet to be examined.
Additional Solicitor General Aishwarya Bhati informed the Court that the CBI is investigating 31 cases. Of these, 27 have reached the final-report stage, including 22 charge sheets and five closure reports, while four remain under investigation.
The CBI cases involve 904 witnesses, of whom only five in two cases have been examined so far, leaving 899 to be examined.
The Bench emphasized the need for exclusive daily hearings, highlighting that nearly 800 witnesses still remain to be examined. The Court was informed that the existing designated courts dealing with CBI and NIA cases do not handle unrelated criminal matters. However, considering the volume of evidence and witnesses, the Bench examined whether the CBI and NIA cases should be assigned to separate judges and exclusive courts.
The Court accordingly sought a report on the desirability of having separate exclusive courts for the two agencies’ cases. The NIA status report stated that 30 cases had been entrusted to the agency, of which 15 had been charge-sheeted and 15 were still under investigation. Charges had been framed in seven of the charge-sheeted cases. Of the 15 charge-sheeted cases, two are pending in Delhi, five in Assam and eight in Manipur.
The Bench also stressed the need to ensure effective participation of victims and their legal-aid counsel in the trials. It directed that Sessions case numbers be furnished in matters where charge sheets have been filed so that victims, their families and legal-aid counsel can access the relevant records.
The Manipur State Legal Services Authority informed the Court that 31 cases involving heinous offences had been entrusted to the CBI. Five concerned arms looting and had no identified victims, while legal-aid counsel had been offered to victims in the remaining 26 cases. Charge sheets in 18 cases had also been supplied to victims and their family members.
On rehabilitation, the Court was informed that financial assistance had been provided for around 7,000 fully or substantially damaged houses, while 12,000 houses had been approved under the relevant scheme. Around 3,000 temporary prefabricated shelters had also been constructed.
Counsel, however, submitted that several houses belonging to affected Kuki families remained unreconstructed. The Court was further informed that up to 400 affected families were yet to receive relief.
The Bench directed the committee headed by former Delhi High Court Chief Justice Gita Mittal to verify the complaints and submit an updated report.
The Court also considered complaints concerning religious places and alleged encroachments. Counsel referred to a list of 276 places of worship requiring verification and another list identifying 20 churches where active encroachment was allegedly taking place. Immediate fencing was sought at six of these sites to prevent further encroachment.
The Bench directed the Justice Gita Mittal Committee to examine the representations and take appropriate remedial measures.
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