"Supreme Court Establishes All-Women Judicial Committee, Led by Former Jammu and Kashmir Chief Justice Gita Mittal, to Scrutinize Manipur Violence Probe
In a significant move, the Supreme Court has formed a distinguished three-member all-women judicial committee, with former Jammu and Kashmir High Court Chief Justice Gita Mittal at the helm, to comprehensively evaluate the ongoing investigation conducted by the Central Bureau of Investigation (CBI) and the Manipur Police concerning a series of violent incidents within the state.
The committee, boasting a wealth of legal expertise, will also feature former justices Justices Shalini Joshi and Asha Menon. Its mandate encompasses a wide-ranging review of the ongoing probes, offering insights into remedial measures, compensation mechanisms, and avenues for rehabilitation, among other critical considerations.
The Court, led by Chief Justice of India (CJI) DY Chandrachud, alongside Justices JB Pardiwala and Manoj Misra, emphasized that the committee's purpose is not to replace the CBI's role, but rather to reinforce public trust in the rule of law.
"The overarching objective is to utilize all available means to restore and strengthen confidence in the rule of law. To achieve this, we are appointing a committee consisting of three esteemed former High Court judges. This committee will undertake a comprehensive examination of the investigative process, propose remedies, address compensation concerns, and facilitate rehabilitation efforts. Its purview extends to assessing relief camps as well," the Court affirmed.
Importantly, the Court declined the transfer of trial jurisdiction for these cases to a location outside of Manipur, emphasizing its commitment to due process and maintaining faith in the established investigative bodies.
The Court further clarified that it intends no disparagement towards the CBI, emphasizing its intent to augment, not supplant, the agency's efforts.
"Our intention is not to supersede the CBI, as it is actively engaged in the investigations. Instead, our aim is to reinforce public trust in the rule of law. We hold no negative opinion about the CBI," the bench stated unequivocally.
Additionally, the investigative process will benefit from the oversight of former Maharashtra Director General of Police (DGP) and National Investigation Agency (NIA) officer, Dattatray Padsalgikar.
"We have identified a former police officer who will lead an additional layer of supervision, reporting directly to us. This officer will be Dattatray Padsalgikar," the Court revealed.
Both the all-women judicial committee and Dattatray Padsalgikar will submit independent reports to the apex court, as directed by the bench.
Notably, the Court delineated the hierarchical structure of the investigation, both for the CBI and the State Special Investigation Team (SIT) probe.
Regarding the CBI's investigation, the Court outlined,
"We propose to direct the incorporation of at least five officers, not below the rank of Deputy Superintendent of Police (DySP), into the CBI from various states. The Director General of Police from states with a Hindi-speaking population and at least five officers will be deputed to the CBI to oversee the investigation of these First Information Reports (FIRs). These officers will operate within the administrative framework of the CBI and be supervised by the Joint Director of CBI."
For State investigations, the bench mandated,
"A total of 42 SITs will investigate cases not transferred to the CBI. The Ministry of Home Affairs (MHA) will appoint an inspector from the concerned state to each of these 42 SITs, ensuring external oversight. These 42 SITs will be overseen by six Deputy Inspector General (DIG) rank officers from states outside Manipur, with each officer supervising six SITs."
The Court's deliberations arose from a batch of petitions addressing the violent outbreak in Manipur, including a plea from two women of the Kuki-Zomi community who were subjected to public humiliation and assault in a viral video.
In response to the crisis, the Central government authorized a CBI investigation. However, the aggrieved women approached the apex court, urging the establishment of an SIT to probe the incident.
Furthermore, the Supreme Court initiated suo motu proceedings after a disturbing video depicting the women's ordeal circulated widely on social media, inciting public outrage.
During a hearing on August 1, the Court criticized both the local authorities and the State police for their apparent inability to contain the deteriorating law and order situation in Manipur. It strongly conveyed that the State Police's capacity to investigate crimes, especially those targeting women, has eroded significantly, resulting in a breakdown of law enforcement.
In light of this, the Court summoned the Director General of Police (DGP) of Manipur to personally appear before it on August 7.
The apex court also requested detailed information from the State and Central governments regarding the reported 6,000 FIRs related to the State's violent incidents.
Consequently, the Director General of Police (DGP), Manipur, appeared in Court as per the Court's directive.
The Attorney General, R Venkataramani, assured the Court that criminal cases arising from the violence were being methodically cataloged.
"The government is handling this matter with utmost maturity," he affirmed.
Venkataramani clarified that murder cases will be overseen by the Superintendent of Police and senior officers, with female officers spearheading investigations into sexual offenses. He revealed plans to establish six Special Investigation Teams (SITs) in the affected districts.
The Court also inquired about the possibility of increasing the number of cases referred to the Central Bureau of Investigation (CBI).
As of now, approximately 11 cases are under the CBI's scrutiny. Solicitor General Tushar Mehta indicated that if further instances warrant investigation, they may be entrusted to SITs, which will undergo regular weekly and fortnightly monitoring.
Various legal representatives also presented their perspectives during the proceedings, advocating for a fair and impartial inquiry into the cases of violence and sexual assault.
Senior Advocate Indira Jaising and Advocate Vrinda Grover voiced concerns about the transparency of the investigative process.
Advocate Vishal Tiwari proposed the establishment of an SIT headed by a retired judge to oversee the matter, echoing the sentiments of Advocate Nizam Pasha.
Pasha contended that bias has been evident in case selection and progress, necessitating the creation of an SIT under the watchful eyes of a court-appointed panel of judges.
Advocate Prashant Bhushan highlighted the need to investigate potential State involvement in instances of arms and ammunition theft from the state armory.
Senior Advocate Colin Gonsalves underscored the importance of identifying the key instigators of the riots.
"The investigation must focus not only on the 6,000 FIRs but also on the core individuals responsible for planning and executing the conspiracy. Once these core elements are apprehended and brought to justice, the sense of invincibility that fuels further assaults will dissipate," he emphasized."
TAGS: Supreme Court all-women judicial committee Gita Mittal Manipur violence CBI probe Central Bureau of Investigation State Police investigation oversight compensation rehabilitation rule of law CJI DY Chandrachud Justices JB Pardiwala Manoj Misra faith in justice Dattatray Padsalgikar Maharashtra DGP NIA officer trial jurisdiction State SIT probe investigation hierarchy DIG Rank officers FIRs Kuki-Zomi community public humiliation sexual assault suo motu case law and order Director General of Police (DGP) Attorney General R Venkataramani Special Investigation Teams (SITs) transparency impartial inquiry case bias arms and ammunition theft instigators of riots.
