Jurist India Supreme Court directs supervising officer to investigate Manipur Police

[Dadparvar]

The Supreme Court of India appointed former Maharashtra Director General of Police (DGP) Dattatray Padsalgikar to supervise Central Bureau of Investigation’s (CBI) probe into the ongoing ethnic violence in Manipur. In an order made public on Thursday, but released Monday, the Supreme Court condemned delays in CBI’s investigation and ordered Padsalgikar to investigate allegations that Manipur police “colluded with the perpetrators” of sexual violence. Padsalgikar is directed to supervise the investigation by the CBI into the FIRs transferred to it along with the investigation by the investigative machinery of the
State into the remaining FIRs. Accordingly, he will oversee the investigation and also make sure that the FIRs are filed according to the unique circumstances of each case by invoking the relevant criminal provisions.

In the judgment, the bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra 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. 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.”

Additionally, the court formed an all-women judicial committee to examine the ongoing probes by the CBI and the state police into incidents of violence and to oversee the investigation, rehabilitation and relief measures. The court emphasized that these two broad objectives must subserve, firstly, it must be ensured that the violence ceases and the perpetrators of violence are punished, and secondly, it must be ascertained that the rule of law is restored and public confidence in the investigative and prosecutorial process is sustained. The court highlighted that there should be genuine attempts to restore the faith and confidence of the community in the justice system.

Concluding the order, the court asked Dattatray Padsalgikar and the three-Judge Committee to submit reports on the progress made within a period of two months and made remorseful remarks about the “manner in which women have been subjected to grave acts of sexual violence in the course of the sectarian strife”. Ethnic violence in Manipur began on May 3 this year when the High Court of Manipur suggested the Chief Minister and Bhartiya Janata Party (BJP) leader N Biren Singh that Meitei community be added to the Scheduled Tribe (ST) list.

The current violence in Manipur emerged following a March order by the Manipur High Court in the case of Mutum Churamani Meetei v. The State of Manipur. The order, authored by Justice M V Muralidharan, directed the inclusion of the Hindu majority Meitei community in the list of Scheduled Tribes, which comes with access to educational, employment and other economic benefits. The predominantly Christian Kuki and Naga communities, who already enjoy the status of Scheduled Tribes, launched protests vehemently criticizing the High Court order. Consequently, violence broke out to such heightened degree that the government ordered the Chief Minister of Manipur, N. Biren Singh, to immediately take measures to restore peace.

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