Supreme Court Asks State For Details Of Arson And Property Encroachments During Manipur Violence

The bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar emphasised the need for the state to address the grievances of the displaced persons and take steps to restore their properties.

It therefore asked the Manipur government, represented by Solicitor General Tushar Mehta, to provide specific details such as “buildings burnt or partially burnt, buildings looted, buildings trespassed or encroached upon”.

The report should also provide information about the owners and current occupants of these properties, along with the details of any legal actions taken against trespassers, the CJI said.

"We also direct the state government to provide the following details: 1. Buildings burnt and partially burnt, 2. buildings which are looted; and (3) the buildings trespassed and encroached upon," the Supreme Court order stated.

The bench further directed, “In all these, give details of the name and address of the owner as well as the person, if any, in occupation of the property. The report shall also indicate the steps taken by the state government to ensure that the persons who have trespassed are proceeded against as per the law. The said list be given in a sealed cover."

"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…,” noted the Apex Court.

Mesne profit is the compensation paid to a rightful owner of a property by a person who is in unlawful possession of it.

The Apex Court further asked the state government to respond to the issue of release of funds for temporary and permanent housing as flagged by the three judges panel headed by Justice Gita Mittal, the former chief justice of the Jammu and Kashmir High Court.

Senior Advocate Vibha Makhija, appearing for the judges panel, said it took several steps with the support of some officials on the rehabilitation, skill-building, and resettlement of the displaced individuals.

Makhija said the committee filed over 34 reports addressing the crisis beginning 2023 and lauded its pro bono efforts.

"Some commendable work has been done by the committee completely pro bono," Makhija said, "people have been placed in hospitality areas, their skills have been developed, and many have been brought back to reclaim their properties."

The bench directed for the committee’s reports to be shared with the union Home Ministry and the Manipur government to facilitate further remedial actions.

It also directed for the committee's reports to be shared with the counsel for the parties.

The CJI addressed the matter and asked the state government to expedite decisions on criminal actions against trespassers and the recovery of the compensation for unauthorised occupation.

The solicitor general assured the bench that the government was prioritising law and order and arms recovery.

While the law officer acknowledged having data on the properties, he expressed reluctance to disclose it openly, citing concerns over media coverage.

"We have the data but prefer not to share it in open court. The media often amplifies sensitive issues, and I have seen interviews that should be avoided," Mehta said.

One of the lawyers, at the outset, claimed that public trust in the Central and the state governments was eroding and urged the court to act decisively.

"We are aware of the situation; you don’t need to tell us,” the CJI retorted.

After Mehta raised concerns over a wrong interpretation in the media, the CJI said, "We have not made any statements suggesting that public faith in the government is lost."

The bench would hear the matter next in the week commencing January 20, 2025.

In August, 2023, the Apex Court took note of the pleas related to the Manipur ethnic violence and passed a slew of directions.

It then ordered setting up of a committee comprising a three former women High Court judges to oversee the relief and rehabilitation of victims and compensation to them besides asking former Maharashtra police chief Dattatray Padsalgikar to monitor the probe into the criminal cases.

On August 5, the bench extended by six months the tenure of the Justice Gita Mittal committee set up to oversee the relief and rehabilitation work in Manipur.

Apart from Justice Mittal, Justices (retd) Shalini P Joshi, a former Bombay High Court judge, and Asha Menon, a former judge of the Delhi High Court, comprise the panel.

Over 200 people have been 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.