Manipur Violence | Judges Committee Raises Concerns About Armed Protests By Weaponised Outfits, Supreme Court Seeks Union's View

Senior Advocate Ms. Makhija, representing the Court-appointed Committee led by Justice Gita Mittal, today brought urgent concerns before the Supreme Court regarding recent spurt of violence in Manipur. The Committee, formed in August 2023 to address humanitarian issues arising from ethnic violence, sought specific directions from the court to restrain protesting organizations from inciting violence against State Administration. 

Ms Makhija highlighted an alarming situation, asserting that the state administration is being held at ransom by factions causing disruptions in relief activities. She emphasized the urgency, revealing that essential relief work had ceased, especially after the District Collector's office was burnt down. 

"The state administration is being held at ransom by these factions my lords.... there have been some worrying public notices….It is necessary to bring to your lordship notice because all necessary relief activities have now been stopped, especially with the (District Collector) DC's office being burnt down where all the materials for relief were being housed"  

Referring to the Committee's 28th Report, Makhija conveyed the judges' committtee's prayer for an independent inquiry into incidents on January 24, February 15 and 27.  

Ms. Makhija informed the bench that the government has been interacting and a magisterial inquiry has also been set up with regard the above concerns. However, she stressed that the Committee seeks the indulgence of the Apex Court over instances the armed protests. 

"Because of both the factions, and because of the inciting material…now its just not a protest, it has become an armed protest, where the offices of the DC are held to ransom the residence of the DC who was taking some action, who was in his office from May 3 2023, his residence has been completely burnt down lordship….the highways are stopped.”

Weaponization of Protest Organizations - Makhija Urges Court's Invention 

Highlighting the perilous situation on the ground, Makhija underscored that the protesting organizations are widely weaponized. She presented a list of organizations involved in the protests, urging the court to consider restraining them from inciting violence.  

"The suggestion is (of the committee) this that if your lordships mandate that none of these organisations which we have listed incite, we are not saying that they are not free to protest etc,... the problem is existing  because the entire outfits are weaponised”

The Attorney General (AG) Mr. R Venkataramani, responded that incidents from February 15 and 27 had been handed over to the CBI. The Chief Justice clarified that maintaining law and order was beyond the court's jurisdiction, emphasizing that directions to control activities lay within the jurisdiction of the government . 

The Committee sought directions to all organisations to desist from any action, or provocations which may do violence in the state. 

The CJI expressed, "These are not matters where this court can give directions, it is ultimately a matter for policing and law and order by the government.., we cannot issue directions to civil society / private organisations. That's for the  government to control the activities."  

In response to the highlighted incidents, the CJI  instructed the AG to take instructions on the same.  Additionally, it was directed that a copy of the Committee's report, headed by Justice Gita Mittal, be provided to the Attorney General for further evaluation. 

On The Clarifications Sought By The Special Judge Conducting Criminal Trials 

A  communication dated Feb 28, 2024, from the Gauhati High Court was brought to the forefront, citing a letter from the special judge connected to the August 25, 2023, order.

As per the order dated 25 August 2023 the Chief Justice of Guwahati High Court was to nominate one or more judicial officers in Assam to conduct proceedings in connection with cases related to Manipur Ethnic Violence.  

The special judge sought clarification on two critical aspects: firstly, whether the trial should be conducted in Assam, and secondly, the modalities to be applied if the accused was a juvenile at the time of the offence. These inquiries were prompted by the Apex Court's order for the investigation of cases related to Manipur violence. 

The CJI directed that responses must be filed by Manipur, as well as the National Investigation Agency (NIA) and the Central Bureau of Investigation (CBI), outlining the progress of investigations. The court emphasized the need for a status report indicating chargesheets filed and the current stage of investigations in other related cases. 

The CJI expressed the court's intention to gain an overall view of the matter, including the status of investigations and ground realities. 

" We want to have overall view of the matter, what is the status of investigation? what is happening on ground ?" 

The possibility of conducting the trial in Assam was discussed, contingent on a comprehensive understanding of the situation. 

"Let's have an idea ...then we will take call on whether the trial should take place in Assam" 

Case Details : Dinganglung Gangmei vs Mutum Churamani Meetei & Ors | 2023 LiveLaw (SC) 626 | 2023 INSC 698

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