The Supreme Court of India, on August 7, would pass a slew of directions in cases related to Manipur Violence to “restore a sense of faith in the rule of law and build a sense of confidence.” Chief Justice of India DY Chandrachud said that the formal order would be uploaded in the evening while revealing the proposed order.
The court will constitute a committee comprising of three former female High Court judges to look at aspects of a “humanitarian nature” including relief, remedial measures, rehabilitation measures, restoration of homes and places of worship. The proposed committee comprising of Justice Gita Mittal (former Chief Justice of the Jammu & Kashmir High Court), Justice Shalini Phansalar Joshi (former judge of the Bombay High Court) and Justice Asha Menon (former judge of the Delhi High Court). Justice Gita Mittal will head the committee.
With regard to the investigation of cases related to sexual violence, the court noted that the Government of India has decided to entrust 11 FIRs to the Central Bureau of Investigation (CBI). The court has allowed the transfer of these cases to the CBI.
The court has further said the team would include 5 officers, not below the rank of DySP, from other States “to ensure that there is a sense of faith and an overall feeling of objectivity.” The court said that these 5 officers would function within the CBI’s administrative set-up. The court said it would appoint Dattatray Padsalgikar IPS, former Maharashtra DGP and Mumbai Police Commissioner, as the overseeing officer.
With regard to State Police investigating cases not transferred to CBI, the court noted the State Government would constitute 48 Special Investigation Teams (SIT) to investigate cases not transferred to the CBI. Furthermore, the court said these SITs would include at least one police officer from outside the State. The court said that these SITs would be supervised by 6 DIG rank officers from outside Manipur.
Submissions of Parties
The Attorney General of India R Venkataramani handed over to the court the details sought by it. “The government is handling the situation on a very mature level,” he said. The Attorney General suggested that the murder cases are investigated by senior officers, not below the rank of SP, while the cases related to sexual violence are investigated by women officers. “Today the position is still sensitive…Any externally directed investigation doesn’t inspire confidence,” he said.
Meanwhile, the Solicitor General of India Tushar Mehta informed the court that the Government of India has identified 11 cases pertaining to sexual violence to be investigated by CBI. He further said that the State Government would constitute SITs to investigate other cases not transferred to CBI.
Trinamool Congress MP Mahua Moitra’s counsel, Senior Advocate Indira Jaising, submitted a slew of suggestions, jointly prepared with Advocates Vrinda Grover, Nizam Pasha and Shobha Gupta, to the court. She suggested the constitution of a “high-powered committee” comprising retired female judges to act as the “eyes and the ears of the court.” The counsel further suggested that the SITs must constitute of women officers, with an unblemished record, from outside Manipur. She further urged the court to implement directions passed in the Tehseen Poonawala case to prevent mob violence.
Zomi Students Federation’s counsel, Advocate Nizam Pasha, suggested that the court must select the SIT officers to ensure impartiality. He further submitted that dead bodies are lying unclaimed in hospitals, alleging that due to the situation, the victims cannot claim the bodies from hospitals. He suggested that a system be created to identify dead bodies online.
Senior Advocate Maninder Singh submitted that there are foreign militants with automatic weapons involved in violence. “These foreign militants have automatic rifles. The basic issue is poppy cultivation which funds them..They can just go over and come back from border..,” he said.
Background
On August 1, the Supreme Court said that there was an “absolute breakdown of law and order and machinery of the State,” and directed the DGP of Manipur to remain present before the court during the hearing on August 7.
The court’s three-judge bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra, directed that a tabulated statement – containing dates of each occurrence, registration of zero FIR, registration of the regular FIR, recording witness statements, recording statements u/s 164 of the Criminal Procedure Code (CrPC), medical examination of victims and date of arrests made – is provided to the court on August 7.
“The material which has been disclosed before the Court is inadequate. There is no disaggregation of the 6,523 FIRs on the basis of the nature of the offences to which they pertain. The State must carry out the exercise of disaggregation and inform the Court about how many of the FIRs pertain to cases involving (i) murder and/or rape and outraging of modesty; (ii) arson and looting; (iii) destruction of house property and places of religious worship; and (v) grievous hurt,” the court said in its August 1 order. The court said prima facie the investigation has been “tardy.” The court said there had been a considerable lapse between the occurrences and registration of FIRs.
