Supreme Court directs Manipur government to disclose details of properties destroyed or encroached after violence

Today, after 586 days since the ethnic violence between the Meitei and Kuki-zo communities erupted in Manipur, a bench of Chief Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar directed the Manipur government to share details of the number of properties destroyed, burnt, looted, or that have been encroached upon following violence that began in May 2023. It also directed the state government to explain what steps it wishes to take with regards to such properties. The Supreme Court, through a bench led by former CJI D.Y. Chandrachud has been hearing matters on the Manipur violence substantially since August 2023. This is the first time that the case has been taken up by a bench led by CJI Khanna.

In August 2023, a bench of CJI Chandrachud and Justices J.B. Pardiwala and Manoj Misra had set up a Committee led by Justice Gita Mittal to supervise “diverse aspects of a humanitarian nature” in Manipur. It was authorised to submit its reports directly to the Supreme Court. On 5 August 2024, noting that the Committee’s working tenure had expired on 15 July 2024, the Court extended it by six months. Today, the Court directed the Committee to place a report stating the rehabilitative measures undertaken in the state so far. The bench also noted that the Committee has discretion to redact particular portions of the report in the interests of security.

Appearing for the petitioners, Senior Advocate Colin Gonsalves, anxiously urged the Court to take up the matter “week after week”: “I want to say this, that the trust of the people on state as well as Union government is at stake”. CJI Khanna interrupted him to say that he was well aware.

The sensitivity of the issue also meant a lot of friction surrounding how the hearings must appear to the public. Solicitor General Tushar Mehta, appearing for the Union and Manipur governments was insistent that the hearings be kept as less sensational as possible. “Your lordships would, after one hour, be quoted in public media by saying that Chief Justice agreed that people’s faith has [been shaken],” he exclaimed.

Violence has continued ceaselessly in the hill state. As of 22 November 2024, 258 people have died according to the Union government.

Court: Provide details on plans and steps in a sealed cover

CJI Khanna, from the get go, asked Senior Advocate Vibha Makhija, representing the Justice Gita Mittal Committee, as to whether the Committee has been able to prepare a list of properties that have been destroyed.

Makhija confirmed that a list was in place. Accordingly, CJI Khanna directed the Manipur government to submit three lists to the Court:

i) Properties which have been burnt down.
ii) Properties that were looted.
iii) Properties which have been trespassed and encroached upon.

He then directed the Manipur government to submit precise steps in regard to the restoration and rehabilitation of properties from each of the categories.

For instance, the third category concerns incidents where houses of victims attacked by mobs have been occupied by perpetrators. In such cases, the Manipur government will have to determine whether it is sufficient to take criminal action against the accused persons or to make them pay mesne profits for “use and occupation” of the encroached property. Mesne profits, described under Section 2(12) of the Code of Civil Procedure refers to a fee paid for the wrongful occupation of the owner’s property by a person who is in unlawful possession of the property.

After CJI Khanna explained that the lists have to be shared in a sealed cover with the Court, Mehta assured that the lists and the plan for steps to be undertaken will be submitted.

Court: Share copy of semi-redacted report of Gita Mittal Committee with petitioners

Makhija stated that the Committee was “working 24/7” and was doing “some very commendable work” that was “completely pro-bono”. She further submitted that 34 Committee reports have been placed before the Court in the one year since the Committee’s formulation. She highlighted that people have been placed in hospitality areas, skill development measures have been undertaken and victims have also been brought back to occupy their properties. 

Gonsalves was aggrieved that the steps being undertaken by the government were not being adequately shared with the petitioners. Therefore, he requested that the Committee reports on the ongoing and completed rehabilitation measures be shared with them.

Makhija noted that the reports also contain some observations on “blockades” in the rehabilitation process that have to be addressed. She concurred that three reports can be shared with Gonsalves, however sensitive information would be redacted.

In his order, CJI Khanna noted a copy of the reports may be furnished to the petitioners, however, the Registry will redact the portions suggested by Makhija.

Court: Share details on housing funds and number of arms recovered

The Court also, passingly, took note of Makhija’s request that the Manipur government release funds for permanent and temporary housing for victims of the violence. She requested the government to do so by the next hearing. CJI Khanna mentioned that the Manipur government “will make sure to respond” to the request for the release of funds.

A significant issue, since the beginning of the hearings, has also been around data detailing the number of arms and ammunition recovered by the government. In its judgement last year, the CJI Chandrachud-led bench had observed that this information would help explain how many weapons were stolen from government treasury, how many were being brought from outside, and how many were being indigenously made. This information is also crucial to trace the perpetrators who killed the victims, by matching the guns with bullets.

Today, Mehta submitted that the information is available with the government, and he will submit the same to the Court. But he requested that this should not be recorded as a direction in the Court’s order, since he was weary of sensational reporting on it. 

“This is very frequently being highlighted in media,” Mehta said, “I have seen many interviews, my Lord, of off-the-record interviews.” CJI Khanna accepted the request.