Racial Discrimination | Supreme Court Urges Delhi HC CJ To Consider Policy Decision For Expeditious Trials In Sensitive Cases

While dealing with a PIL assailing racial discrimination against Northeastern people, the Supreme Court today expressed a need for expeditious trials in sensitive cases.

The Court requested the Chief Justice of the Delhi High Court to take up the issue on the administrative side and consider a holistic policy decision.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi passed the order while dealing with a public interest litigation filed by Advocate Modoyia Kayina and argued by Senior Advocate Pradeep Rai.

Briefly put, the PIL raised the issue of racial and regional discrimination faced by Northeastern students who migrate to metropolitan cities for studies, as well as other citizens, over their appearance, ethnicity, accent or place of origin.

Alleging use of racial slurs, derogatory epithets, social exclusion and physical violence against such citizens on their migration to various parts of the country for studies, work or residence, the petitioner pointed out the 2014 death case of Nido Tania, an Arunachal Pradesh student, who was killed in a violent racial attack in Delhi. It was stated that Tania's death led to the constitution of the MP Bezbaruah Committee by Ministry of Home Affairs, which has returned substantial findings about racial discrimination against Northeastern people. Yet, there has not been any effective institutional response from the Union/States.

During the hearing, Rai informed the Court that the petitioner's prayer was primarily related to timebound trials in such cases. He emphasized that the trials in such cases have remained pending for many years, despite chargesheet being filed after completion of investigation. "Even when the investigation is conducted, and chargesheet has been filed, the stipulated timeframe is not being followed. I am only on this issue - timebound trial. Investigation conducted, chargesheet filed...pending for 3 years, 4 years...students go back in between", he claimed.

Hearing him, the CJI dictated the order thus:

"It seems to us that such matters require out of turn adjudication. Consequently, we dispose of this petition, without expressing anything on merits or allegations, with a request to Hon'ble Chief Justice of the Delhi High Court to consider such issues on administrative side and take holistic policy decision, which may ensure a productive timeline for adjudication of such sensitive trials on out of turn basis. It goes without saying that the Hon'ble Chief Justice of High Court or the administrative committee of High Court may, if deemed appropriate, issue administrative instructions to the Presiding Officer in this case for expeditious disposal of the trial."

Recently, the Court dealt with another petition, a PIL, seeking guidelines to curb identity-based and racial violence against persons from the North-East. The case was disposed of, asking the Attorney General for India to examine the issues raised.

Case Title: MODOYIA KAYINA Versus UNION OF INDIA AND ORS., Diary No. 6014-2026