Supreme Court Orders Investigation into Possible Collusion Between Manipur Police Officers and Violence

SUPREME COURT LAW INSIDER

LI Network

Published on: 11 August 2023 at 11:10 IST

The Supreme Court has issued directives pertaining to the investigation of the Manipur violence case, expressing dissatisfaction with the slow progress of the investigation by the Manipur police regarding cases related to ethnic clashes.

The Court emphasized the unexplained delays in filing FIRs, recording witness statements, and making arrests in the aftermath of the incidents in early May 2023.

The Court underscored the following issues in the investigation process:

  1. Significant delays between the occurrence of heinous crimes, such as murder, rape, and arson, and the filing of zero FIRs.
  2. Delays in transmitting zero FIRs to relevant police stations.
  3. Delays in converting zero FIRs into regular FIRs.
  4. Delays in recording witness statements.
  5. Lack of diligence in recording statements under Section 161 and Section 164 of the CrPC.
  6. Slow progress in effecting arrests for serious offenses.
  7. Inadequate efforts to ensure medical examinations of victims.

The Court expressed concern over these lapses in the investigative process and stressed the importance of a fair and expeditious justice system, particularly in cases involving bodily or sexual offenses.

Key Directions of the Court:

  1. Supervision of the investigation will be conducted by Shri Dattatray Padsalgikar, former Director General of Police, Maharashtra, who will oversee the investigation by both the CBI and the State SITs.
  2. The Union Ministry of Home Affairs will provide the CBI with five officers from various states to ensure proper investigation of transferred FIRs. At least one of these officers will be a woman.
  3. Shri Dattatray Padsalgikar will investigate allegations of collusion between certain police officers and perpetrators of violence, including sexual violence, during the Manipur conflict.
  4. The Court highlighted the importance of an objective fact-finding process to address allegations of police complicity and reiterated that those responsible for breaching public duty should be held accountable, regardless of their rank or position.

Regarding the investigation by SITs, the Court issued the following directives:

  1. The supervising officer will also issue directions for legal assistance, time-bound investigations, recording of statements, provision of legal aid, and maintenance of anonymity for victims and survivors of sexual violence.
  2. 42 SIT teams from Manipur Police will be constituted, with one officer of the rank of Police Inspector from states like Rajasthan, Madhya Pradesh, Odisha, Jharkhand, Maharashtra, and NCT of Delhi appointed for supervision.
  3. At least fourteen officers not below the rank of Superintendent of Police will be nominated to lead respective SITs.
  4. SITs handling sexual offense cases will be primarily led by women officers and will follow legal prescriptions to prevent re-traumatization of women.
  5. SITs will visit relief camps to accept complaints impartially and prevent re-traumatization.
  6. SITs will ensure timely and proper recording of statements, including use of video conferencing or automatic transcription.
  7. SITs will comprise members from various communities to ensure neutrality.
  8. Shri Dattatray Padsalgikar will monitor that FIRs are registered appropriately based on the specifics of each case.

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