The Supreme Court today strongly criticized the State of Manipur for its "lethargic and tardy investigation" into the offences arising from the communal violence, after perusing the status report indicating the total number of FIRs registered and the action taken thereon.

The Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra expressed concern that the State Police cannot be trusted with the handling of FIRs and said that there is glaring absence of law and order in the State. The Bench went on to assert that the State has lost control over the prevailing circumstances.

The Court in its order noted, "This report which has been filed by the State of Manipur, it has been stated that 6,496 FIRs have been registered as on 25th July 2023. The State report further states that according to the official statistics, among 150 deaths, 59 took place between the 3rd-5th May; 28 between the 27th-29th May and 13 on the 9th of June. 502 persons are reported to be injured. There were 5101 cases of arson and 6523 FIRs were registered. It has been stated that 252 persons were arrested in connection with all the FIRs while 12740 arrests were made as a preventive measure."

The Court further noted that "It has been stated that on a preliminary analysis out of these 6523 registered cases, 11 FIRs involved cases of violence against women and children, but this is subject to further verification. The status report indicates that 7 arrests have been made in connection with 11 FIRs. The learned Solicitor General submitted that he has received instructions that apart from 2 FIRs which have been referred to CBI with the consent of the State of Manipur, the State would be ready and willing to refer all 11 FIRs which the preliminary survey indicates pertain to offences against women and children to the CBI".

Considering the aforesaid data, the Bench further went on to observe in its order that "At the present stage, the material which has been disclosed is inadequate in the sense that there is no segregation of 6523 FIRs into the nature of the offences to which they pertain. The State must carry out the exercise of segregation and inform the Court how many FIRs pertain to cases involving murder and or rape; arson and looting; destruction of house property and outraging of modesty; destruction of places of religious places and grievous hurt."

The Court further observed "Based on the preliminary data submitted before the Court, it does prima facie appear that the investigation has been tardy. There has been considerable lapse between the occurrence and registration of FIR, and recording of witness statements and even the arrests have been few and far between. In order to enable the Court to appreciate the entire dimensions or the nature of the investigations warranted, we direct that the Director General of Police of Manipur shall remain personally present before the Court on Friday at 2 PM and be in a position to answer the queries of the Court. The exercise of segregation shall also be carried out in the meantime. The tabulated statement would be prepared for the Court in a tabulated form indicating: the date of occurrence; the date of registration of 0 FIR if any; the date of registration of regular FIR; the date on which witness statements, if any, have been recorded; the date on which statements under Section 164, if any, have been recorded and dates on which arrests, if any, have been made. This exercise shall be carried out in the meantime so the Court would be in a position to take a decision on the further course of action that could be adopted."

Yesterday, the Court expressed its opinion that it will constitute a Committee of retired women judges and subject experts to record statements of victims of sexual violence in Manipur. The CJI said during the hearing that justice should reach out to the victims in Manipur.

On July 20, 2023, the Chief Justice-led Bench had taken suo motu cognizance of the incident of the two women being paraded naked and sexually assaulted, captured in a viral video shared across media platforms. The Court had remarked that "It is time that the Government steps in and takes action because this is simply unacceptable" and had directed both the Union Government and the State Government to take immediate steps and to apprise the Court of what action has been taken.

Cause Title: Dinganglung Gangmei v. Mutum Churamani Meetei And Ors.& Connected Matters [Diary No. 19206-2023]

Chief Justice DY ChandrachudJustice JB PardiwalaJustice Manoj MisraManipur Violence

Ramey Krishan Rana