The Supreme Court requests information from the state regarding arson and property encroachments that occurred during the violence in Manipur.
The Supreme Court has instructed the Manipur government to provide a detailed sealed report on properties that were either fully or partially burned, looted, or encroached upon amid the ongoing ethnic violence in the state. The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, highlighted the importance of addressing the concerns of displaced individuals and taking measures to restore their properties. They requested specific information from the Manipur government, represented by Solicitor General Tushar Mehta, including details on “buildings burned or partially burned, buildings looted, and buildings that have been trespassed or encroached upon.” The report should also include information about the property owners and current occupants, as well as any legal actions taken against trespassers, according to the Chief Justice.
The Supreme Court order specified, “We also direct the state government to provide the following details: 1. Buildings burned and partially burned, 2. buildings that have been looted, and 3. buildings that have been trespassed and encroached upon.” The bench further instructed, “For each case, include the name and address of the owner and any current occupant. The report should also outline the actions taken by the state government to address trespassing according to the law. This list should be submitted in a sealed cover.” The Apex Court added, “You need to decide how to handle this, including potential criminal actions and requiring encroachers to pay ‘mesne profits’ for their occupation…”
Mesne profit refers to the payment made to a rightful property owner by someone who is unlawfully occupying it. The Supreme Court has asked the state government to address the issue of funding for both temporary and permanent housing, as highlighted by a panel of three judges led by Justice Gita Mittal, the former chief justice of the Jammu and Kashmir High Court. Senior Advocate Vibha Makhija, representing the judges’ panel, mentioned that they took various steps with the help of some officials to assist in the rehabilitation, skill development, and resettlement of displaced people. Makhija noted that the committee has submitted over 34 reports since the start of 2023, praising its volunteer efforts.
Makhija stated that the committee has done impressive work entirely on a volunteer basis, helping people find jobs in hospitality, develop their skills, and reclaim their properties. The bench ordered that the committee’s reports be sent to the union Home Ministry and the Manipur government to support further actions. It also instructed that the reports be shared with the legal representatives of the involved parties. The Chief Justice of India discussed the situation and urged the state government to speed up decisions regarding criminal cases against trespassers and the recovery of compensation for unauthorized occupation. The solicitor general assured the bench that the government is focusing on maintaining law and order and recovering arms.
The law officer confirmed he has information about the properties but was hesitant to share it publicly due to worries about media attention. “We have the information but would rather not present it in open court. The media tends to exaggerate sensitive matters, and I have seen interviews that should be avoided,” Mehta stated. One lawyer claimed that public trust in both the Central and state governments was declining and urged the court to take strong action. “We know the situation; you don’t need to inform us,” the Chief Justice replied. After Mehta expressed concerns about potential misinterpretations by the media, the Chief Justice remarked, “We have not indicated that public trust in the government has diminished.”
The bench will review the case again during the week starting January 20, 2025. In August 2023, the Supreme Court acknowledged the petitions regarding the ethnic violence in Manipur and issued several directives. It ordered the formation of a committee made up of three former women High Court judges to manage the relief and rehabilitation of victims and their compensation, and appointed former Maharashtra police chief Dattatray Padsalgikar to oversee the investigation into the criminal cases. On August 5, the bench extended the term of the Justice Gita Mittal committee by six months to continue its work in Manipur. The panel includes Justice Mittal, along with retired Justices Shalini P Joshi and Asha Menon. Since the ethnic violence erupted on May 3, 2023, during a “tribal solidarity march” protesting the majority Meitei community’s demand for scheduled tribe status, over 200 people have died, hundreds have been injured, and thousands have been displaced.
