1 Sep 2023 2:57 AM GMT
Last week, while transferring the sexual violence cases related to the Manipur ethnic clashes currently being investigated by the Central Bureau of Investigation (CBI) - now 27 in number - to Assam in view of the 'overall environment' in Manipur and the need to ensure a 'fair process of criminal justice administration, the Supreme Court issued a slew of directions.
The court's directives sought to streamline legal proceedings, provide access to justice, and facilitate the probe being conducted by an all-women committee comprising retired high court judges that was created to look into the humanitarian aspects of relief, remedial and rehabilitation measures, and restoration of homes and places of worship in the violence-hit northeastern state. Notably, apart from directing the union government to bear the expenses associated with this committee's work, including administrative costs and accommodations, the Supreme Court has also asked the Ministry of Electronics and Information Technology (MEITY) to ensure the expeditious creation of an online platform where people can submit relevant material and information for the committee's consideration.
These directions, inter alia, transferring the CBI cases to Assam, were passed after the Centre, through Solicitor-General for India Tushar Mehta, raised apprehensions that judges in Manipur might belong to one tribe or community or the other. To that end, a bench of Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra, asked the Chief Justice of the Gauhati High Court to designate local courts in Guwahati to handle the pre-trial steps in these transferred cases, including applications for remand, extension of custody, issuance of warrants, etc. These judicial officers would be of the rank of chief judicial magistrate or sessions judge and would preferably be conversant in one or more languages used in Manipur.
Apart from this, the Supreme Court also accepted a number of recommendations made by the committee headed by former Jammu and Kashmir Chief Justice Gita Mittal, which submitted its reports earlier this month. In accordance with the recommendations, the bench passed the following directions:
The bench was hearing a batch of pleas over the ethnic clashes in Manipur, including one suo motu action taking cognizance of a graphic video that went viral last month depicting two Manipuri women being paraded naked and sexually assaulted.
Background
The north-eastern state of Manipur has been plunged in a frenzy of violence since May, over a high court order directing the state government to consider including the non-tribal Meitei community in the list of Scheduled Tribes. This order led to ethnic clashes breaking out between different ethnic groups.
Last month, a graphic video depicting two women being paraded naked and assaulted went viral, shocking the nation and bringing renewed attention to the allegations of human rights violations emerging from the State of Manipur. This led to the Supreme Court taking suo motu cognizance of the video and starting the monitor the investigation into this alleged incidents as well as other instances of violence across the state.
After slamming the investigation as ‘lethargic’, and lamenting the “absolute breakdown of law and order and the machinery of the State”, the Supreme Court passed a slew of directions earlier this month.
After noting that the Centre has decided to entrust 11 FIRs relating to sexual violence to the Central Bureau of Investigation, the court directed that five officers at least of the rank of Deputy Superintendent of Police from Rajasthan, Madhya Pradesh, Jharkhand, Odisha, and National Capital Territory of Delhi will assist the CBI in investigating these cases. At least one of these five officers will be a woman according to the directions of the top court. With respect to the cases being investigated by the state police, the court has constituted 42 special investigation teams that will look after those cases which have not been transferred to the CBI. These SITs will include one officer of the rank of Police Inspector drawn from the states of Rajasthan, Madhya Pradesh, Jharkhand, Odisha, Delhi, and Maharashtra.
The process of investigation, according to the directions, shall be monitored by the Supreme Court itself. For this purpose, it appointed Dattatray Padsalgikar, former Director General of Police for the State of Maharashtra to supervise the investigation to be undertaken by CBI as well as SITs.
Notably, the court also formed a special committee to interact with the victims and to ensure proper humanitarian aid for them, comprising three retired women judges from high courts, namely, former Chief Justice of Jammu and Kashmir High Court Gita Mittal, former judge of the Bombay High Court Shalini Joshi, and former judge of the Delhi High Court Asha Menon. This committee has been tasked to look into the aspects of relief, remedial and rehabilitation measures, and restoration of homes and places of worship. Three reports were submitted by the committee earlier this week.
Case Title
Dinganglung Gangmei v. Mutum Churamani Meetei & Ors. | Special Leave Petition (Civil) Diary No. 19206 of 2023 and other connected matters
Citation : 2023 LiveLaw (SC) 729