Manipur: Supreme Court flags ‘tardy pace of investigation’ into incidents of violence
A three-judge bench said that it is the ‘bounden duty’ of the government to prevent sexual violence.
The Supreme Court has said that it is dissatisfied with the “tardy pace of investigation” into incidents of violence in conflict-hit Manipur.
It made the observation in an order in which it directed former Maharashtra Director General of Police Dattatray Padsalgikar to monitor the Central Bureau of Investigation’s inquiry into the ethnic violence. The directions were passed on Monday and a copy of the detailed order became public on Thursday.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra said the material before the court indicated that there were “significant delays between the occurrence of incidents involving heinous crimes including murder, rape and arson and the recording of zero FIR”.
While first information reports are usually lodged in the police station under whose jurisdiction the alleged crime has taken place, a zero FIR lets any police station accept and register a complaint and then forward it to the pertinent station.
The court also said there had been significant delays in forwarding the zero FIRs to the police stations that had jurisdiction over the incidents.
The court highlighted delays in recording witness statements and “lack of diligence” in recording statements under Section 161 (examination of witnesses by police) and Section 164 (confessions or statements made before a magistrate) of the Code of Criminal Procedure.
The bench observed that it is the “bounden duty” of the government to prevent sexual violence and protect those who suffered such crimes.
“This court must express its anguish of the manner in which women have been subjected to grave acts of sexual violence in the course of the sectarian strife in Manipur,” the order read. “In time of sectarian violence, mobs use sexual violence to send a message of subordination to the community that the victims or survivors hail from. Such visceral violence against women during conflict is nothing but an atrocity.”
While directing the former Maharashtra police chief to monitor the Central Bureau of Investigation’s inquiry, the court noted that there were “serious allegations” that in some situations, the law enforcement machinery colluded with the perpetrators of violence.
“Absent a proper investigation, this court will not enter a finding of fact on these allegations,” the order said. “But, at the very least, such allegations require an objective fact-finding to be conducted.”
The court said that officials who are guilty of breach of duty must be brought to account, regardless of their rank or position. Those who colluded with perpetrators of violence must be “held accountable without fail”, the bench added.
At least 187 people have been killed and nearly 60,000 have been forced to flee their homes since violence broke out between the Kuki and Meitei communities in the Northeastern state on May 3. The state has reported cases of rape and murder, mobs have looted police armoury and set several homes on fire despite the heavy presence of central security forces.
The Supreme Court was hearing a batch of petitions seeking its intervention for restoration of order in Manipur.
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