'Investigate If Manipur Police Officers Colluded With Violence' : Supreme Court To Supervising Officer [Read Directions]

In the judgment pronounced in the matter of Manipur violence, the Supreme Court expressed its dissatisfaction with the tardy pace of investigation by the Manipur police in the cases related to ethnic clashee. The Court highlighted that there was an unexplained delay between the occurrence of the crimes in early May 2023 and the registration of the FIRs and the recording of witness statements and making arrests have been few and far between.

Notably, the Court observed:

“The tardy pace of investigation by the investigating machinery in the State of Manipur has emerged from the material which was placed before this Court which is indicative of:

a. Significant delays between the occurrence of incidents involving heinous crimes including murder, rape and arson and the recording of zero FIRs;

b. Significant delays in forwarding the zero FIRs to the police stations which have jurisdiction over the incidents;

c. Delays in converting the zero FIRs into regular FIRs by the jurisdictional police stations;

d. Delays in recording witness statements

e. Lack of diligence in recording the statements under Section 161 and Section 164 CrPC;

f. The tardy pace of effecting arrests in cases involving heinous offences; and

g. The lack of alacrity in ensuring medical examination of victims.”

The court went on to record: “These lapses in the investigative process do not bode well for the State of Manipur” and reiterated the importance of fair and speedy and fair justice system, especially in bodily or sexual offences.

Court’s Directions:

In order to ensure the fairness of the investigation, the following directions are issued:

The process of investigation shall be monitored by the Court. For this purpose, the Court appointed Shri Dattatray Padsalgikar, former Director General of Police, Maharashtra to supervise the investigation to be undertaken by CBI as well as SITs;

For the purpose of ensuring proper investigation of the FIRs which are transferred to the CBI, the Union Ministry of Home Affairs shall place at the disposal of the CBI five officers drawn from the States of Rajasthan, Madhya Pradesh, Jharkhand, Odisha and NCT of Delhi at least of the rank of Deputy Superintendent of Police. At least one of these five officers shall be a woman;

Investigate allegations of police complicity

Dattatray Padsalgikar was also requested to investigate the allegations that certain police officers colluded with perpetrators of violence (including sexual violence) during the conflict in Manipur. 

In this regard, the Court observed :

"There are serious allegations including witness statements indicating that the law-enforcing machinery has been inept in controlling the violence and, in certain situations, colluded with the perpetrators. Absent a proper investigation, this Court will not enter a finding of fact on these allegations. But, at the very least, such allegations require an objective fact-finding to be conducted. Those who are responsible for a breach of public duty must equally be brought to account, regardless of their rank, position, or post. Every officer of the state or other employee of the state who is guilty not only of the dereliction of their constitutional and official duties but of colluding with perpetrators to become offenders themselves, must be held accountable without fail. This is the promise of justice that the Constitution demands from this Court and from all branches of the state"

Regarding the investigation to be conducted by SITs, the following directions were passed:

The constitution of 42 (forty-two) nos. of SIT teams of Manipur Police was proposed by the State of Manipur in its submissions. In order to ensure proper monitoring and supervision of the investigation by the police authorities, the Union Ministry of Home Affairs shall make available, on deputation, one officer of the rank of Police Inspector drawn from the States of Rajasthan, Madhya Pradesh, Odisha, Jharkhand, Maharashtra and NCT of Delhi;

The Ministry of Home Affairs shall also nominate, on deputation, at least fourteen officers not below the rank of Superintendent of Police to be in charge of the respective SITs.

In cases where the FIR relates to a sexual offence (rape, outraging the modesty of a woman, etc.) in addition to any other crime (murder, grievous hurt, etc.), the SIT which consists of women officers (Inspectors / SubInspectors / PCs as described by the State of Manipur in the extract above) shall be in charge of the entire investigation;

The SIT will visit each relief camp within the area assigned to it and make it known that it is an impartial body which is accepting complaints of violence (including sexual violence);

Where sexual offences are being investigated, the SITs shall follow all prescriptions in law intended to prevent the re-traumatization of women, including the second proviso to Section 161(3) CrPC;

The SITs constituted by the State of Manipur shall not consist exclusively of members belonging to either one of the communities involved in the clashes in Manipur;

In the course of monitoring the investigation, Shri Dattatray Padsalgikar will ensure that, depending on the facts of each case, the FIRs are registered by invoking relevant penal provisions.

Further directions

The officer nominated by the Court shall, in the course of monitoring the investigation, issue all appropriate directions including:

a. Providing qualified legal assistance during the course of investigation;

b. Making investigations time-bound;

c. Timely recording of statements under Section 161 and Section 164 CrPC including with proper support persons/facilitators under the High Court of Manipur guidelines for recording of evidence of vulnerable witnesses, if required, through video conferencing or automatic transcription;

d. Provision for legal aid counsel to the victims during the course of the investigation; and

e. Maintenance of secrecy of the materials collected during the investigation and maintenance of the anonymity of the victims / survivors of sexual violence in the status reports submitted to this Court.

Other reports about the judgment can be read here.

Case Title : Dinganglung Gangmei vs Mutum Churamani Meetei & Ors | 2023 LiveLaw (SC) 626 | 2023 INSC 698

Click here to read the judgment