Criminal Justice

Supreme Court passes directions on restoration of places of worship in Manipur before Christmas

Sarah Thanawala

Upon perusing the report of the expert committee and the affidavit of the state government, the court passed directions, including requiring the state government to furnish a list of all identified places of worship that have been destroyed or damaged during the communal violence. 

TODAY, the Supreme Court passed directions on the restoration of places of worship destroyed during the ongoing violence in Manipur that erupted in May this year.

A three-judge Bench of the Supreme Court, led by the Chief Justice India (CJI) Dr D.Y. Chandrachud and also comprising Justices J.B. Pardiwala and Manoj Misra, is seized of the matter of relief and rehabilitation of violence-affected people of the state and to bring the situation back into control.

Senior advocate Huzefa Ahmadi, appearing for the petitioner Meitei Christian Churches Council, Manipur, submitted that since Christmas is approaching, necessary arrangements should be facilitated to ensure the community is able to congregate and mark the festivities.

Ahmadi told the court that a report by the three-member expert committee, which was constituted by the Supreme Court on August 7, has made recommendations concerning the religious properties damaged or destroyed during the violence which awaits the court's approval.

The committee, headed by Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court, has been given a broad-based mandate to oversee government actions— including relief, rehabilitation and compensation— for those impacted by the violence.

In the presence of senior advocate Vibha Datta Makhija, appearing on behalf of the committee, the court perused the expert committee's report dated September 13 on the restoration of places of worship of all religious denominations.

The CJI enquired about the steps taken by the state government to prevent encroachment of places of worship and to restore damaged or destroyed religious properties.

Additional Solicitor General of India Aishwarya Bhati emphasised that the state government had filed a detailed affidavit on October 17, stating that destroyed places of worship have been identified and secured.

Bhati also stated from the affidavit that superintendents of police in the state have been directed to take necessary steps to protect religious properties from further destruction and encroachment.

Ahmadi submitted that the affidavit lacks details of identified religious properties. He emphasised that the affidavit claims to have received no reports of vandalism of places of worship.

In addition, the state government has not disclosed the 247 incidents of places of worship as raised in the petition of Meitei Christian Churches Council, Ahmadi contended.

On the Bench enquiring about the steps taken by the state to ensure religious communities can observe the festivities of Christmas, the Solicitor General of India Tushar Mehta replied that the petitioners had not raised this plea in their petition.

Mehta suggested that the petitioners approach the expert committee on the issue.

Mehta also contended that the state government should be allowed to take a decision on allowing congregations depending on the threat perception and law and order situation. He cautioned against sensationalising the issue.

On hearing both sides, the court directed the state government to furnish a comprehensive list of all places of worship that were damaged during the violence in the state.

Further, the committee was directed by the court to prepare a comprehensive proposal for the way forward, including regarding places of worship that were damaged or destroyed.

On the request of senior advocate Ranjit Kumar, who raised the issue of the destruction of temples in the state, the Bench directed the committee to deal with supervening developments, including illegal encroachment or occupation of places of worship.

The court noted Mehta and Bhati's assurance to take necessary steps to ensure that those in relief camps can observe festivities.

Senior advocate Jaideep Gupta highlighted two affidavits filed in respect of the issue of villages in the state being destroyed and flattened, rendering people without houses.

Gupta urged directions to be issued to the state government to formulate steps for the rehabilitation of persons whose houses were destroyed in the course of the communal violence.

In response, the Bench directed the state government to carry out an assessment and place a comprehensive proposal before the court or respond to the steps taken for rehabilitation of such persons.