New Delhi: In its order appointing a three-member committee to supervise the police investigation and the efficacy of rescue, relief and rehabilitation measures in strife-torn Manipur, the Supreme Court has asserted that “the victims of violence must receive remedial measures irrespective of their community”.
At the same time, the bench comprising Chief Justice of India (CJI) D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra asserted that “the perpetrators of violence must be held accountable irrespective of the source of violence”. In doing so, the court highlighted the allegations that the law-enforcement agency was not only “inept” in controlling the violence, but also, “in certain situations, colluded with the perpetrators.”.
“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,” the bench said in its judgment, uploaded late night on Thursday.
The order was issued on a suo-motu cognisance case registered by the top court after the video of women being paraded naked in Manipur went viral. Later, many petitions were also filed asking for judicial intervention to normalise the situation.
The three-member panel committee comprises Justice (retired) Gita Mittal (former chief justice of Jammu and Kashmir High court), Justice (retired) Shalini Phansalkar Joshi (former Bombay High Court judge), and Justice (retired) Asha Menon (former Delhi High Court judge).
Deputy National Security Advisor and ex-Mumbai top cop Dattatray Padsalgikar will oversee the Manipur Police probe into cases registered in connection with the violence, as well as the CBI inquiry into at least 11 FIRs involving cases of sexual violence against women and children transferred to it from the police, the court added.
Padsalgikar was also asked to probe allegations that certain police officers colluded with perpetrators of violence, including sexual violence, during the conflict in Manipur.
In its order, the top court asserted that “this Court is duty bound to step in while performing its plain constitutional obligation”.
Padsalgikar and the panel has to submit reports within a period of two months, elaborating on the progress which has been made. The top court will hear the case next on 13 October.
Also Read: Gender justice & child rights veterans — the 3 women judges picked by SC to probe Manipur clashes
‘Tardy pace of investigation’
The court also expressed its anguish over “the manner in which women have been subjected to grave acts of sexual violence in the course of the sectarian strife in Manipur”.
Justifying its intervention in the case, the court emphasised on the “tardy pace of investigation by the investigating machinery in the State of Manipur”.
The court also highlighted “significant delays” in registration of zero FIRs in case of incidents involving heinous crimes including murder, rape and arson, significant delays in forwarding the zero FIRs to the police stations which have jurisdiction over the incidents, recording of witness statements, “tardy pace” of arrests, and the “lack of alacrity in ensuring medical examination of victims”.
Emphasising on the importance of speedy and fair justice system, it then observed, “These lapses in the investigative process do not bode well for the State of Manipur.”
The three-judge panel needs to inquire into the nature of violence against women that occurred in Manipur from 4 May from all available sources including personal meetings with survivors, members of the families of survivors, local/community representatives, authorities in charge of relief camps, the FIRs lodged as well as media reports.
It then needs to submit a report on the steps required to meet the needs of survivors, including measures for dealing with rape trauma, providing social, economic, and psychological support, and relief and rehabilitation in a time bound manner. It has to ensure that free and comprehensive medical aid and psychological care is provided to the victims.
The court further issued 13 directions specifically for the committee to ensure “conditions of dignity in relief camps set up for displaced persons”. These could include ensuring clean rations, providing information on the accessibility of legal, psycho- social, medical and livelihood services, access to free pregnancy tests, free emergency contraceptives, free sanitary pads and free maternal health services including access to gynaecologists, and suicide prevent services and regular visits by psychologists or psychiatrists.
As a part of its remit, the committee is also required to enquire into and take necessary steps for the disbursement of compensation. A report of compliance needs to be filed before the Supreme Court within six weeks with full details of the case, victim/witness, compensation awarded, date of payment and the persons to whom the payment was made.
Officers on deputation
To ensure proper investigation into the FIRs which were transferred to the CBI, the Ministry of Home Affairs (MHA) was asked to depute five police officers from Rajasthan, Madhya Pradesh, Jharkhand, Odisha and Delhi to the federal agency.
These officers have to be at least of the rank of Deputy Superintendent of Police, and at least one of them has to be a woman.The police chiefs of these five states have to nominate an officer at least of the rank of DSP for deputation to the CBI.
As for monitoring and supervision of probe by the Manipur Police, the MHA has to make available, on deputation, a police inspector each drawn from Rajasthan, Madhya Pradesh, Odisha, Jharkhand, Maharashtra and Delhi.
During the hearing, the Manipur government submitted that it has constituted several SITs to ensure that the investigation into the FIRs is conducted in a time-bound manner. The court then directed the MHA to nominate, on deputation, at least 14 officers — not below the rank of Superintendent of Police — to be in charge of the SITs. Padsalgikar will also monitor and supervise these SITs.
In its directions for functioning of these SITs, the top court ordered that in cases where the FIR relates to a sexual offence like rape and outraging the modesty of a woman, in addition to any other crime, the investigating teams which consists of women officers shall be in charge of the entire probe.
The SITs have to visit each relief camp within their assigned areas and make it known that they are an impartial body which is accepting complaints of violence, including sexual violence.
“This is necessary because many survivors/victims may not approach the police machinery of their own accord, especially in the aftermath of sectarian violence which may have resulted in the loss of family members and homes, displacement, and trauma to their own bodies and minds,” the court explained.
The SITs were asked to follow all prescriptions in law intended to prevent the re-traumatisation of women, when they investigate sexual offences.
The apex court further ordered that these SITs shall not consist exclusively of members belonging to either one of the communities involved in the clashes in Manipur.
(Edited by Tony Rai)
Also Read: Politics of power brought Manipur ethnic violence. Time to move to justice