Ethnic rift affecting postings, government abiding by our directions selectively: Manipur Chief Justice

Chief Justice of the Manipur high court, Siddharth Mridul, has called the scale of violence in the state “unprecedented”, expressing dissatisfaction with the state government’s “selective compliance” with court orders and the overall inadequacy in addressing the judiciary’s security and infrastructural demands.Justice Mridul, who was elevated as a judge of the Delhi high court in March 2008, is one of the senior most high court judges in the country. In his 16-year stint at the Delhi high court as a judge, he has adjudicated complex cases from diverse jurisdictions, especially in criminal law, civil law and human rights’ violations. He was appointed as the chief justice of the Manipur high court in October 2023.In an interview to Utkarsh Anand, justice Mridul articulated his concerns about the government’s handling of the judicial system amid the prevailing crises in the region, as he highlighted the challenges faced by the judiciary — ethnic tensions affecting judicial postings, infrastructural inadequacies and the state’s sluggish response to their urgent needs. Edited excepts:What are your views on the overall situation in Manipur and its impact on the law and justice machinery?We face significant challenges in posting judicial officers to areas where the other community holds sway, or is in the majority. For instance, people from the majority community cannot be posted to disturbed areas like Churachandpur, Kangpokpi or Moreh. This limits our options, meaning only judicial officers from Scheduled Tribes can be posted in those districts. Coupled with a shortage of judicial officers, this complicates matters.We have conducted interviews for appointments, but we need the government’s assistance to finalise these appointments. Judicial officers are juggling multiple roles. A district judge might also serve as a family court judge, NDPS judge and sessions judge. We have begun reassigning officers in some jurisdictions, but ethnicity issues resurface.Infrastructure is another challenge. Most courts function out of government buildings, lacking dedicated courtrooms and accommodation for district judiciary. We have initiated construction projects in districts like Tamenglong, Kakching, and Ukhrul, but creating infrastructure in Manipur is expensive due to high costs and transportation issues.How has the current situation delayed judicial processes?The current situation and the recent floods have significantly delayed our projects. We are grappling with one thing after the other. Some are natural calamities, some are man made.On an urgent basis, we have expedited the process of hiring staff. Now, the problems that I spoke about in relation to the judicial officers also exist with the staff.We had staff belonging to the minority community posted here [ in Imphal]. All of them had to be posted to areas where they are safe. That’s a human problem. If a non-Meity refuses or feels unsafe in an area occupied by Meities, asking him to serve there would result in him leaving rather than going there. For him, it’s a matter of life or death. And vice versa, if I ask a Meity judicial officer to go to Churachandpur or to go to any one of those districts, it’s impossible, it will not happen.Look at what happened in Jiribam recently. Till last week, nobody would have said that you would see this kind of violence in Jiribam. But the way this has unfolded, and the scale of the violence, is unprecedented.How has the judiciary managed security concerns for judicial officers? Are you satisfied with the government’s response?After I took oath as the chief justice in October last year, the first thing we did was to ask the government, virtually direct it, to provide adequate security to each and every judicial officer.It was not necessary in certain areas for a while. But now I have realised that even in areas where there was no violence, now all of a sudden violence has erupted.On the government’s response to it, I would say, our directions have been complied with selectively. Some decisions are still pending with them in view of the “prevailing situation”.Everything is in view of the “prevailing situation”. But we talk to them regularly and have given them a wishlist for the judiciary...There is a response from the government, but it would be over pitching to say that the response is satisfactory. It’s not at the pace at which we want them to respond. It’s not!Do you mean that the government’s response is not satisfactory even in relation to the security of judicial officers?Yes, to some extent. It has taken a lot of persuasion because we don’t want to get into the rut of writing to them and them writing back. So, I have had regular meetings with authorities, including the honourable chief minister, and have impressed upon him the need to do this. To be fair to him, he has responded, but it’s not to our complete satisfaction. It’s a fact.For example, one of the issues is that they do not have a law secretary. For the post of law secretary, we have recommended that you appoint a judicial officer. They have a commissioner, law. With utmost respect, we don’t want a bureaucrat. We want a judicial officer. The judicial officer advises the government on legal issues and the bridge between the judiciary and the executive. So, we don’t have a judicial officer as law secretary.Till the time we do, there is nobody who can apprise the government of what the needs of the judiciary are. That’s one of the sore issues.Can you elaborate on the challenges related to the executive’s inability to produce accused individuals and witnesses, and how this impacts the pendency of cases?The entire criminal justice system has been impacted. The production of accused and witnesses is squarely within the discharge of duties by the executive. If the prosecution doesn’t produce the accused or the witnesses, there is very little that the courts can do. You can’t progress the case to culmination. This has increased the pendency of cases, especially in serious criminal matters like NDPS, UAPA, and Arms Act cases.We have asked the judicial officers to discharge their functions completely independently. We have asked them not to be pressured by the prevailing situation, to observe the letter of the law when it comes to the conduct of a case. Regardless of the inability of the prosecution, you must take every case to its logical conclusion. But in practice, it isn’t always possible, and we are alive to that. You would have to be completely blind not to see that if the case is serious, it cannot be just thrown out. But it has increased the pendency of these criminal cases.How are district courts dealing with the rise in cases amid these challenges?District judiciary is overwhelmed with cases. Like I said, they are juggling more than one ball. At the bottom of the pyramid, there has been an explosion, exponential growth of NDPS, UAPA, and related matters, Today, the district judiciary is swamped. So, over a period of time, all of those cases will find their way to the high court.The only way we can address this is to expedite appointments to the posts that have already been created but are lying vacant or ask them to create more posts, which is also being done. The honourable Supreme Court asked for the post of, registrar translator and I am happy to report that Manipur is the first state to have our registrar translator because we are not only translating all the Supreme Court judgments into the local language, we are also translating the judgments of this court into the local language.And let me euphemistically say that we had to press politely, request for the appointment of a registrar to look after translation because that’s a part of the entire scheme of things.What is your perspective on the growing influence of non-state actors and radical organisations with “village volunteers” attempting to establish a parallel system of justice in the state?The first time village volunteers were arrested and produced before a local court, there was a lot of commotion. I think the judicial officer concerned was threatened. We immediately made sure that adequate security was provided to him by the government and that the court complex itself was secured.I have more and more, complaints in this behalf from judicial officers, and it is a matter of significant concern to bus.My job is to ensure that they can discharge their functions in a conducive environment without being pressured in any way. So, the meetings, the conversations with the executive are almost on a daily basis, but the response is usually the “prevailing situation”.They are confident that they have my backing and they have my ear for every difficulty that they may encounter in the discharge of their judicial functions as well as in their private lives. They are confident of that. Whether they are confident in the discharge of their judicial functions, I should think so. Nothing has been brought to my knowledge to the contrary. So, I take it that they are discharging their functions in the way they are required.How has technology been utilised to assist judicial processes during this period?Technology has been a vital tool during this crisis. We have significantly enhanced our IT infrastructure, ensuring that every court, from magistrates to district courts, is digitally connected. Virtual hearings have become more common, allowing us to continue judicial processes despite physical constraints.Digital case management systems have helped us keep track of cases and ensure that no critical tasks are overlooked. Additionally, we have leveraged online platforms for training and coordination among judicial officers. The integration of technology has not only helped us manage during the crisis but also paved the way for a more efficient and accessible judicial system in the future.How has the legal services authority contributed during this crisis?The Manipur State Legal Services Authority (MSALSA) has exceeded expectations. They have a presence in every relief camp, monitoring and assistingcamp inhabitants. They act as a bridge between the camps and the Supreme Court-appointed committee, ensuring immediate response to the needs of displaced individuals.Could you share your personal contributions and efforts towards humanitarian work in relief camps?Privately, my colleagues and I have been engaged in humanitarian relief work for the past several months. We have been visiting relief camps, providing assistance from our resources and voluntary contributions from friends, family and lawyers in Delhi (justice Mridul’s parent court). This effort is independent of our judicial duties and is aimed at easing the lives of displaced individuals. We are trying to assist the SC-appointed committee as well as supplementing the efforts of the government in relief work.What lessons have you learned from this crisis, and how can these lessons improve future judicial processes in Manipur?At this point in time, we are trying to address every issue that exists to the best of our ability, both as judicial officers and in our private capacity at some other time. We are trying to douse the fire. What we will do going forward is something that needs a pause for us to sit and introspect on that. We haven’t done that because every time we believe that there is peace, it’s short-lived.How can the public contribute to supporting the judiciary and promoting justice during times of conflict?At this point, the people of Manipur are primarily concerned with their safety and survival. It would be unrealistic to expect them to focus on supporting the judiciary.Our main bridge to the public remains the lawyers, who play a crucial role in this challenging environment. But, at this point in time, it would be optimistic on my part to say that the people of Manipur are concerned with how they can assist the judiciary, I don’t think they are. They are just concerned with their own safety and making ends meet.

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Ethnic rift affecting postings, government abiding by our directions selectively: Manipur Chief Justice

Justice Mridul articulated his concerns about the government’s handling of the judicial system amid the prevailing crises in the region

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Ethnic rift affecting postings, government abiding by our directions selectively: Manipur Chief Justice

Justice Mridul articulated his concerns about the government’s handling of the judicial system amid the prevailing crises in the region