Manipur Violence: Supreme Court Expresses Unhappiness Over Delay In Appointing Legal Aid Counsel For Victims

The Supreme Court on Tuesday expressed unhappiness over the delay in appointing legal aid counsel for victims of sexual violence during the Manipur ethnic violence, observing that compliance with its earlier directions had not been ensured even after a month.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a batch of petitions concerning investigation and trial of sexual violence cases that occurred during the Manipur crisis.

During the hearing, the Court questioned the Legal Services Authorities of Manipur and Assam (where the trials have been shifted) on the continued delay in finalising panel lawyers for the victims.

Senior Advocate Vibha Datta Makhija, for the Manipur rehabilitation committee, told the Court, "Victims have been rehabilitated, given compensation. Even legal aid has been working, as per our information. The Committee is working in Manipur."

However, the Chief Justice expressed dissatisfaction. "If working, then why not panel counsels? Very easy to give lollipops to Court! For last 1 month, order is not complied. Why are they making false promises?," CJI asked.

The bench, in its order, noted that the appointment of legal aid counsels, as mandated by the order passed on February 26, should not have taken so much time.

"We are informed that both State LSAs are coordinating with each other for shortlisting legal aid counsels. It seems to us such process ought not to have taken so much time. It is assured that legal aid counsel will be made available to victim families," the bench noted in the ortder.

Victims complain of delay in trial

Advocate Vrinda Grover, appearing for the victims, submitted that the proceedings before the trial court were progressing in a “casual” manner and alleged that chargesheets had not been supplied to victim families, who also lacked legal representation. She stated that the trial court's order has recorded that there was no interest on the part of the CBI to take the case to the next level.

Additional Solicitor General Aishwarya Bhati disputed the allegation, stating on instructions that the chargesheets had been supplied to the victims, though not to their lawyers.

Recording the submission, the Court directed that once legal aid counsel are appointed, they should immediately obtain copies of the chargesheets, which would be essential for providing effective assistance to the victims.

The Court also directed the Presiding Officers of the trial courts where chargesheets have been filed to ascertain whether copies had been supplied to the victims and to record the same in their orders.

The Court noted that Dattatray Padsalgikar, former Director General of Police of Maharashtra, who had been entrusted with monitoring the investigation, would submit a status report regarding the progress of the trial. It also recorded that the three-member committee appointed earlier had taken initiatives within the framework assigned to it.

Concerns Raised Regarding Rehabilitation And Property Damage

Senior Advocate Colin Gonsalves raised concerns regarding rehabilitation and property damage resulting from the violence, submitting that several complaints had been filed regarding killings and destruction of property but that reports on action taken had not been shared.

A counsel also pointed out that no status report had been filed regarding properties destroyed during the violence, alleging that miscreants had taken over affected properties.

Gonsalves further submitted that while thousands of houses were to be rebuilt, no meaningful rehabilitation had taken place.

The Attorney General for India, R Venkataramani, submitted that the situation in Manipur was politically sensitive and urged caution. "It is too politically complicated..Let us not make more problems in Manipur," AG said.

"We want to reconstruct houses, churches. That's not political," Gonsalves countered.

Responding to submissions regarding reconstruction of houses and religious structures, the Chief Justice emphasised the need to build public trust in institutions and indicated that the Court could consider entrusting certain responsibilities to the Chairperson of the Assam Human Rights Commission, where a former Chief Justice of a High Court is presently serving.

In the order, the Bench directed the concerned committee to submit a status report detailing complaints, representations and suggestions received by it, along with the action taken.

Case no. – Diary No. 19206 / 2023

Case Title – Dinganglung Gangmei v. Mutum Churamani Meetei