The Supreme Court on Tuesday observed that having multiple committees to address rehabilitation and allied issues in violence-hit Manipur may have created complications.
A Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi made the observation after Senior Advocate Colin Gonsalves raised concerns about the on-ground effectiveness of the three-judge committee set up by the top court in 2023.
The three-judge committee headed by retired Justice Gita Mittal was set up to oversee rehabilitation efforts.
Further, retired police officer Dattatraya Padsalgikar was tasked with monitoring investigations in Manipur violence cases.
But Gonsalves, appearing for riots victims, today told the Court that the committee has done "zero work" on rehabilitation of riot victims.
"It has been three years and there was the case of beheading of a boy.. nothing done. We had told Dattatray as well. We have also not seen a single committee report by the Justice Gita Mittal committee ... The three judges committee has done zero work on rehabilitation. We have given detailed complaints over the last three years with pictures etc. Nothing done."
"The judges committee did a reasonably good job," replied Attorney General R Venkataramani.
Gonsalves disagreed.
"Not at all. Not at all. Zero work by the committee," he maintained.
This led the Court to observe that the decision to set up parallel bodies to monitor the Manipur situation may have affected their effectiveness.
“We are on three judges committee, then we have CBI, then we have legal services committee, then we have Dattatray committee. More they are, more problem,” CJI Kant remarked.
The Court also observed that the three-judge committee faces practical limitations.
“My three sisters (judges on the panel, namely Justices Gita Mittal, Shalini Joshi and Asha Menon) are sitting in Delhi. How many times can they go and do the work there (in Manipur)?” observed CJI Kant.
The Bench further indicated that local institutional mechanisms may be better placed to address rehabilitation concerns.
“The Chief Justice of the High Court is very responsible. Assam Human Rights Commission, etc. are the ones who can work in this area,” the CJI observed.
Justice Bagchi added,
“We need to revitalise the institutions in the State of Manipur.”
The Court today flagged delays in complying with directives to ensure that victims of Manipur violence had access to free legal aid as well.
The Legal Services Authorities of Assam and Manipur were earlier directed to provide such aid.
Senior Advocate Vibha Datta Makhija assured that a legal aid committee is working to ensure the victims are extended due aid. The concerned authorities were coordinating to shortlist legal aid counsel, the Court was told.
However, the Court was not satisfied with the pace at which such efforts were progressing.
“It has been a month since our orders (to extend legal aid to victims) were passed. Nothing complied with,” CJI Kant said.
The Court recorded its concerns in the order passed today as well.
"This (short listing legal aid lawyers and extending their aid to victims) should not have taken so much time. Advocate General of Manipur assures that matter will be taken up immediately and legal aid counsel shall be made available to the victim and their families," it noted.
Another issue raised in today's hearing was the progress of the trial in Manipur violence cases.
Senior Advocate Vrinda Grover submitted,
“Accused is not even coming to the court. Chargesheets are not being supplied also to the victims."
Additional Solicitor General Aishwarya Bhati disputed the allegation, stating that chargesheets have been supplied to victims though not to their lawyers.
Recording the submission, the Court observed that once legal aid counsel are made available, they would obtain copies of the chargesheets and supply the same to their clients (victims).
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