| Headnote |
Issue for Consideration: The sectarian violence and strife in Manipur – Violence against women. Directions – Sectarian violence and riots in Manipur – Two broad objects which the directions must subserve: Held: Firstly, there is a need to ensure that the violence ceases, the perpetrators of violence are punished according to the procedure established by law, and that consequently, the faith and confi dence of the community in the justice system is restored – Secondly, there is a pressing need to ensure that the rule of law is restored and public confi dence in the investigative and prosecutorial process is sustained. [Para 19] Directions – Sectarian violence and riots in Manipur – Violence against women – Formation of Committee and mandate of Committee: Held: A Committee consisting of three former female Judges of the High Court constituted – Mandate of the Committee to – (i) Enquire into the nature of violence against women that occurred in the State of Manipur from 04.05.2023 from all available sources; (ii) Submit a report to the Court on the steps required to meet the needs of the survivors including measures for dealing with rape trauma; (iii) Ensure that free and comprehensive medical aid and psychological care to victims of survivors is provided; (iv) Ensure conditions of dignity in relief camps set up for displaced persons including suggestions for additional camps; (v) Ensuring the payment of compensation and restitution to victims of violence; (vi) Issuing directions for the appointment of nodal offi cers at relief camps and the provision of toll-free helplines to provide updates on any investigation, missing persons, and the recovery of dead bodies. [Para 20] Directions – Sectarian violence and riots in Manipur – The three-Judge Committee appointed to also enquire into and take steps necessary for the disbursement of compensation: Held: (a) Directions issued to the Manipur State Legal Services Authority to ensure award and payment of compensation to all victims under Section 357A CrPC, NALSA’s Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, and the Manipur Victim Compensation Scheme 2019; (b) Where the victim is deceased, the next of kin should be identifi ed for the payment of compensation; (c) A report of compliance to be fi led with full particulars of the case, victim/ witness, compensation awarded, date of payment and the persons to whom the payment was made; (d) The Member-Secretary NALSA shall monitor together with the three-Judge Committee on measures taken for witness protection, compensation and the rehabilitation and treatment of victims; (e) Issuing directions to the State of Manipur to settle compensation for damages caused to the movable and immovable properties of persons aff ected by violence; and (f) The updated status report to be fi led before the Court on a fortnightly basis. [Para 21] Directions – The State of Manipur and the Union Government indicated that there are eleven FIRs involving cases of sexual violence against women and children – FIRs involving off ences of a similar nature referred to the CBI – In order to ensure the fairness of the investigation, the directions are issued: Held: (a) A Former Director General of Police, Maharashtra appointed to supervise the investigation by the CBI into the FIRs transferred to it and the investigation by the investigative machinery of the State into the remaining FIRs; (b) For the purpose of ensuring proper investigation of the FIRs which are transferred to the CBI, the Union Ministry of Home Aff airs shall place at the disposal of the CBI fi ve offi cers drawn from the States of Rajasthan, Madhya Pradesh, Jharkhand, Odisha and NCT of Delhi at least of the rank of Deputy Superintendent of Police – At least one of these fi ve offi cers shall be a woman – The former Director General of Police appointed to also investigate the allegations that certain police offi cers colluded with perpetrators of violence (including sexual violence) during the confl ict in Manipur. [Para 25] Directions – Sectarian violence and riots in Manipur – The State of Manipur indicated that in order to ensure that the investigation into the FIRs is conducted in a time bound manner, the SITs shall be constituted: Held: (a) In cases where the FIR relates to a sexual off ence (rape, outraging the modesty of a woman, etc.) in addition to any other crime (murder, grievous hurt, etc.), the SIT which consists of women offi cers (Inspectors / Sub-Inspectors / PCs as described by the State of Manipur) shall be in charge of the entire investigation; (b) The SIT will visit each relief camp within the area assigned to it and make it known that it is 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; (c) Where sexual off ences are being investigated, the SITs shall follow all prescriptions in law intended to prevent the re-traumatization of women, including the second proviso to Section 161(3) CrPC; (d) The SITs constituted by the State of Manipur shall not consist exclusively of members belonging to either one of the communities involved in the clashes in Manipur; (e) Should the offi cer appointed by this court require any further assistance of supervising offi cers at the DIG level or otherwise, a requisition in that regard shall be submitted to the Union Ministry of Home aff airs for necessary action; (f) In the course of monitoring the investigation, former Director General of Police, Maharashtra will ensure that, depending on the facts of each case, the FIRs are registered by invoking relevant penal provisions. [Para 27] Directions – Sectarian violence and riots in Manipur – The offi cer nominated by the Court shall, in the course of monitoring the investigation, issue all appropriate directions including: Held: (a) Providing qualifi ed legal assistance during the course of investigation; (b) Making investigations time-bound; (c) Timely recording of statements under Section 161 and Section 164 CrPC including with proper support persons/facilitators under the High Court of Manipur guidelines for recording of evidence of vulnerable witnesses, if required, through video conferencing or automatic transcription; (d) Provision for legal aid counsel to the victims during the course of the investigation; and (e) Maintenance of secrecy of the materials collected during the investigation and maintenance of the anonymity of the victims /survivors of sexual violence in the status reports submitted to this Court. [Para 28] Directions – Sectarian violence and riots in Manipur – The Union of India and the State of Manipur directed: Held: (a) Ensure that all the areas which are vulnerable to sectarian violence and riots are identifi ed and monitored so that preventive measures are eff ectively put into place; (b) Disseminate information regarding and widely publicize the constitution of the SITs and the constitution of the three-Judge Committee by this Court in all villages, towns, and districts of Manipur as well as in every relief camp that has been set up, in a language that is comprehensible to all residents of Manipur; (c) Take stock of the number of arms missing or looted from the armouries of the state and of these, the number of arms which have been recovered – Formulate and implement a plan to recover any missing arms. [Para 29] |
