NEW DELHI — The Supreme Court on Monday directed the Manipur government to
submit a detailed sealed cover report on the number of properties that were
fully or partially burnt, looted, or encroached upon during the ongoing ethnic
violence in the state.
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 SC
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 top 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 top 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.
