Manipur Viral Video | Advocate Files PIL in Supreme Court Seeking Probe By Court Appointed Expert Committee

The petition, filed by Advocate Vishal Tiwari, states:

“There has been a violation of the rule of law and the constitutional philosophies of India with no recourse to justice…Various districts of Manipur have reported violence and arson including Churachandpur, Imphal East, Imphal West, Bishnupur, Tengnoupal and Kangpokpi. Cases of sexual assaults over women, rape, molestation, firing, bomb shelling, riots have taken front seat in Manipur with no involvement of prevention and correction from the law enforcing agencies in Manipur…Articles 14 and 21 of the Constitution prohibits human right violations. Such acts [affect] the criminal legal system and removes transparency and democracy from the system.”

The petition has been filed under Article 32 of the Constitution against “the violation of the rule of law and the oppressive brutality, chaos and anarchy being perpetrated in the beloved land of Manipur” in the name of public rights and interest against the ‘negligent government project’. Last week, a bench headed by Justice DY Chandrachud took suo motu cognisance of the viral video and asked the central and state governments to file comprehensive affidavits detailing the steps taken to hold the perpetrators of the sexual assault depicted in the video accountable and to prevent similar incidents in the future. The petitioner-advocate clarifies that his PIL petition has been filed to “assist the Supreme Court and to provide facts and suggestion”.

The petitioner has accused both the union and state governments of inaction with respect to the outbreak of violence in the north-eastern state of Manipur over a high court order directing the state government to consider granting the majority Meitei community ‘Scheduled Tribe’ status. The governments have done little to contain the latest flare-up between the Meitei, Kuki, and Naga communities which has reopened decade-long ethnic fault lines, the petitioner has claimed. “Foreign international fora, like the European Parliament, has tabled the matter for discussion,” the petitioner has stated, “But the Indian sovereign machinery has been silent in this regard.” Neither the central nor the state government has taken any ‘preventive and corrective measures’, the petition alleges.

As such, the petitioner has sought the issuance of a writ of mandamus ‘dereliction of duty’ by state agencies for not mandatorily registering a first information report (FIR) under Section 154 of the Code of Criminal Procedure, 1973 in compliance with the top court’s 2008 ruling in the Lalita Kumari case. In this case, the Supreme Court had held that non-registration of an FIR amounted to a severe violation of the fundamental right to life and liberty, as also that of dignity and access to justice under Article 21 of the Constitution. Urging the court to ‘immediately intervene and deescalate the situation, the petition states:

“The Manipur Police took to social media to describe the incident as a case of abduction, gang rape, and murder. Such cognizable offence was not dealt with as per the criminal law system of the country, [violating] the Supreme Court’s dictum in Lalita Kumar…A compulsion has been cast upon the police forces for the registration of a first information report when the information of a cognizable offence has been disclosed to the police. The non-registration of an FIR by the police shows the comprehensive grey action and doubt on the part of the police and also shows the collusion of the police with the offenders which stands as the barrier to the access to justice of the women of Manipur.”

Besides this, the petitioner has also sought a writ directing the Central Bureau of Investigation (CBI) to register an FIR, record statements of victims and initiate an investigation and prepare a charge sheet with respect to the ongoing violence in Manipur.

Case Title

Vishal Tiwari v. Union of India | Writ Petition (Criminal) No. _____ of 2023