In a recent judgment addressing the issue of Manipur violence, the Supreme Court voiced its dissatisfaction with the sluggish progress of investigations by the Manipur police in cases related to ethnic clashes that occurred earlier in 2023. The court underscored the unexplained gaps between the commission of crimes, such as murder, rape, and arson, and the subsequent registration of FIRs (First Information Reports), along with the sparse occurrence of arrests and witness statements.
The court emphasized that the delays in various stages of the investigative process, including the registration of zero FIRs, forwarding them to the relevant police stations, converting them into regular FIRs, and recording witness statements, indicated a lack of diligence and efficiency on the part of the investigating machinery in Manipur. It further noted that the pace of arrests in cases involving serious offenses had been notably slow, and medical examinations of victims had not been promptly conducted.
Recognizing the significance of a fair and expeditious justice system, especially in cases involving bodily or sexual offenses, the court issued a series of directions to ensure the fairness of the ongoing investigations:
1. Appointment of Oversight: The court appointed Shri Dattatray Padsalgikar, former Director General of Police, Maharashtra, to oversee the investigation conducted by the Central Bureau of Investigation (CBI) and Special Investigation Teams (SITs).
2. Inclusion of Officers: The Union Ministry of Home Affairs was directed to provide five police officers, at least one of whom is a woman, from states like Rajasthan, Madhya Pradesh, Jharkhand, Odisha, and NCT of Delhi, to assist the CBI in investigating transferred FIRs.
3. Investigation of Police Complicity: Dattatray Padsalgikar was tasked with investigating allegations of collusion between certain police officers and perpetrators of violence, including sexual violence, during the Manipur conflict.
The court acknowledged serious allegations and witness statements pointing to possible collusion between law enforcement and perpetrators. It stressed the importance of holding all individuals responsible for dereliction of duty and collusion accountable, regardless of their rank or position.
In parallel, the court directed the constitution of 42 SIT teams by the State of Manipur, with each team headed by an officer of the rank of Police Inspector. Additionally, a three-member committee, consisting of former women High Court judges Gita Mittal, Shalini P Joshi, and Asha Menon, was appointed to inquire into the nature of violence against women during the strife and recommend measures to support survivors.
The court emphasized the need for time-bound and thorough investigations, timely recording of statements, proper legal assistance, and adherence to guidelines for handling evidence of vulnerable witnesses. The oversight and fact-finding bodies were instructed to submit their reports within two months.
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