Supreme Court of India
DINGANGLUNG GANGMEIversusMUTUM CHURAMANI MEETEI & ORS
- Citation
- 2023 INSC 698
- Decided
- 7 August 2023
- Disposal
- Directions issued
- Bench
- D Y CHANDRACHUD
Holding
The Court held that to restore rule of law and protect victims, it must issue comprehensive directions including the formation of a committee, supervision of investigations by a former DGP, deployment of gender‑sensitive SITs, and enforcement of compensation under Section 357A CrPC.
Summary
The Supreme Court, hearing a Special Leave Petition arising from sectarian violence in Manipur that included widespread sexual violence against women, directed the State and Union governments to restore law and order and ensure justice for victims. It ordered the formation of a three‑member committee of former female judges to investigate violence against women, recommend relief measures, and monitor compensation. The Court appointed a former DGP to supervise investigations by the CBI and the State police, and mandated the deployment of Special Investigation Teams with women officers for sexual offence cases. It directed the Manipur State Legal Services Authority to award compensation under Section 357A CrPC and relevant NALSA schemes, and required regular status reports. The judgment emphasized the need for speedy, gender‑sensitive investigations, protection of witnesses, and preventive measures to avert recurrence of violence.
Issues considered
- Whether the Supreme Court can intervene under Article 32/136 to address sectarian violence and sexual offences in Manipur.
- Whether the Court can direct the formation of committees and SITs to investigate and provide relief to victims.
- Whether the State must ensure compensation to victims under Section 357A CrPC and NALSA schemes.
- How investigations of FIRs, especially those involving sexual violence, should be supervised and expedited.
- Whether the Court can order transfer of FIRs to the CBI and monitor the investigation for fairness.
Legislation cited
- Arms Act, 1959s. 25
- Code of Criminal Procedure, 1973s. 161, s. 164, s. 164A, s. 357A
- Indian Penal Code, 1860s. 117, s. 120B, s. 121, s. 121A, s. 122, s. 124A, s. 145, s. 147, s. 149, s. 151, s. 153A, s. 186, s. 302, s. 324, s. 326, s. 332, s. 353, s. 354, s. 376, s. 456, s. 457, s. 458, s. 505
- Manipur Victim Compensation Scheme, 2019
- National Legal Services Authority (NALSA) Compensation Scheme for Women Victims/Survivors of Sexual Assault, 2018
- Prevention of Damage to Public Property Act, 1984
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989s. 3
- Unlawful Activities (Prevention) Act, 1967s. 15, s. 16, s. 18
Subjects
sectarian violenceManipurviolence against womencompensationSpecial Leave PetitionArticle 32Article 136CBI investigationSITrelief campshuman rightsconstitutional law
Judgment
[2023] 12 S.C.R. 1083 : 2023 INSC 698
CASE DETAILS
DINGANGLUNG GANGMEI
v.
MUTUM CHURAMANI MEETEI & ORS
(Special Leave Petition (Civil) Diary No 19206 of 2023)
AUGUST 07, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI,
J. B. PARDIWALA AND MANOJ MISRA, JJ.]
HEADNOTES
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 confidence 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 confidence 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 officers at relief camps and the provision of
1083
1084 SUPREME COURT REPORTS [2023] 12 S.C.R.
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 identified for the payment of compensation; (c)
A report of compliance to be filed 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 affected by
violence; and (f) The updated status report to be filed 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 offences 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 Affairs
shall place at the disposal of the CBI five officers 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 five
officers shall be a woman – The former Director General of Police appointed
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI 1085
MEETEI & ORS
to also investigate the allegations that certain police officers colluded with
perpetrators of violence (including sexual violence) during the conflict 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 offence (rape,
outraging the modesty of a woman, etc.) in addition to any other crime
(murder, grievous hurt, etc.), the SIT which consists of women officers
(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 offences 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 officer appointed by this court require any further
assistance of supervising officers at the DIG level or otherwise, a requisition
in that regard shall be submitted to the Union Ministry of Home affairs 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
officer nominated by the Court shall, in the course of monitoring the
investigation, issue all appropriate directions including:
Held: (a) Providing qualified 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
1086 SUPREME COURT REPORTS [2023] 12 S.C.R.
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 identified and monitored so that preventive measures
are effectively 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]
LIST OF CITATIONS AND OTHER REFERENCES
Zomi Students Federation v. Union of India WP (C) No 572 of 2023;
Nipun Saxena v. Union of India (2019) 2 SCC 703:[2018] 14 SCR 755; XYZ
v. State of Madhya Pradesh 2022 INSC 799 – referred to.
United Nations, General Assembly, Resolution 60/147, ‘Basic
Principles and Guidelines on the Right to a Remedy and Reparation for
Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law.’ – referred to.
OTHER CASE DETAILS INCLUDING IMPUGNED
ORDER AND APPEARANCES
EXTRAORDINARY APPELLATE/ORIGINAL JURISDICTION:
Special Leave Petition (Civil) Diary No.19206 of 2023.
From the Judgment and Order dated 27.03.2023 of the High Court of
Manipur at Imphal in WP(C) No.229 of 2023]
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1087
With
Special Leave Petition (Civil) Diary No.19210 of 2023, Writ Petition
(Civil) Nos.540, 576, 572, 574 of 2023, Writ Petition (Criminal) Nos.321,
327, 329 of 2023 and Writ Petition (Civil) No.802 of 2023
Appearances:
R. Venkataramani, Attorney General, Tushar Mehta, Solicitor General,
Hijam Lenin Singh, A.A.G., Colin Gonsalves, Ms. Hetvi Patel, Jaideep
Gupta, Sapam Biswajit Meitei, Ranjit Kumar, Anand Grover, Ms. Indira
Jaising, Sanjay R Hegde, Gopal Sankaranarayanan, Sr. Advs., Nizam Pasha,
Lzafeer Ahmad B. F., Ms. Cheryl D Souza, Ms. Suroor Mander, Sidharth
Kaushik, Shivendra Pandey, Ms. Aayushi Mishra, Ms. Hetvi Patel, Ms.
Alana Golmei, Samuel Khobung, Nayab Gauhar, Kamei Kaoliangpou, Ms.
Joicy, Satya Mitra, Ms. Vrinda Grover, Ms. Devika Tulsiani, Ms. Mannat
Tipnis, Soutik Banerjee, Ms. Akriti Chaubey, Kunwar Aditya Singh,
Ahanthem Henry, Ahanthem Rohen Singh, David Ahongsangbam, Vivek
Kumar, Mohan Singh, Ms. Rajkumari Banju, Ms. Tomthi Koijamnnganbi,
Niraj Bobby Paonam, Preetam Shah, Vishal Prasad, Javedur Rahman, Ms.
Astha Sharma, Ms. Anju Thomas, Paras Nath, Robin Bhatt, Ms. Ripul
Swati Kumari, Ms. Muskan Surana, Kanu Agrawal, Shuvodeep Roy,
Pratyush Shrivastava, Dr. N. Visakamurthy, Pukhrambam Ramesh Kumar,
Karun Sharma, Fuzail Ahmad Ayyubi, Paras Nath Singh, Ibad Mushtaq,
Ms. Akanksha Rai, Rohin Bhatt, Ms. Shobha Gupta, Aditya Ranjan, Ms.
Bijoylashmi Das, Ms. Ankita Gupta, Ms. Garvita Jain, Ms. Tarjana Rai, Ms.
Jessy Kurian, Kumar Mihir, Ms. Bansuri Swaraj, Siddhesh Shirish Kotwal,
Ms. Ana Upadhyay, Ms. Manya Hasija, Ms. Mahamaya Chatterjee, Tejasvi
Gupta, Pawan Upadhyay, Ms. Meenakshi Chauhan, Elangbam Premjit
Singh, Neeraj Kumar Gupta, Anindita Mitra, Satyajit Sarna, Ms. Remya,
K. Raghabvacharyulu, Ranjeet Singh, Advs. for the appearing parties.
JUDGMENT / ORDER OF THE SUPREME COURT
JUDGMENT
DR. DHANANJAYA Y CHANDRACHUD, CJI
1. The State of Manipur has been besieged by sectarian strife since
the first week of May 2023.
1088 SUPREME COURT REPORTS [2023] 12 S.C.R.
2. On 27 March 2023, the Acting Chief Justice of the High Court
of Manipur issued directions in a writ petition under Article 226 of the
Constitution1 to the Government of Manipur directing it to respond to a
communication dated 29 May 2013 of the Ministry of Tribal Affairs in the
Union Government by recommending the inclusion of the Meitei community
in the Presidential List of Scheduled Tribes. The recommendation for
including the community in the list of Scheduled Tribes was directed to be
considered expeditiously within a stipulated time frame. The jurisdiction of
this Court under Article 136 of the Constitution was invoked to challenge
the order of the High Court principally on the ground that while exercising
jurisdiction under Article 226 of the Constitution the High Court cannot
issue directions for the inclusion of a community in the list of Scheduled
Tribes. The pleadings in the Special Leave Petition highlight that ‘Manipur
is burning after the impugned order.’
3. On 8 May 2023, the Union Government apprised this Court that
the State of Manipur ‘is taking appropriate steps for recall of the order of
the Single Judge of the High Court dated 27 March 2023 by moving the
competent forum in that regard.’ The Union Government placed a statement
on record indicating that the following steps were taken to ensure normalcy:
“(a) 52 companies of Central Armed Police Forces and 105
columns of the Army/Assam Rifles have been deployed in
Manipur;
(b) Flag marches have been conducted in disturbed areas;
(c) A senior level former police officer has been appointed as
Security Adviser by the State Government and another senior
officer has been repatriated yesterday from Central Deputation
to serve as Chief Secretary to the Government of Manipur;
(d) Peace meetings have been conducted and vigilance is being
maintained;
(e) Helicopters and drones are being used to monitor the situation
in addition to the extensive deployment of security forces;
1 WP(C) No 229 of 2023
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1089
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
(f) Relief camps have been opened for displaced persons where
rations and medical help are being provided; and
(g) Movement of persons who are stranded is being facilitated
through security forces.”
A statement was made before this Court “that as a consequence of
the measures which have been adopted, no violence had been recorded in
the State during the course of the previous two days and the situation is
gradually returning to normalcy.” Counsel for the contesting parties had
voiced concerns over the need to preserve law and order and to provide
relief and rehabilitation. This Court emphasised the need to maintain vigil
and ensure that there is no recurrence of violence, bearing in mind the loss
of human life and destruction of homes and places of worship that had taken
place. This Court observed:
“7. While expressing the concern of the court over the loss of
human life and destruction of homesteads and places of worships,
we emphasise the need for :
(i) Ensuring that due arrangements are made in the relief camps
by providing all basic amenities in terms of food and medical
care;
(ii) Taking all necessary precautions for the rehabilitation of
displaced persons; and
(iii) Protecting places of religious worship.”
This Court directed that where critical medical care is required for
persons who are in relief camps, the authorities shall make arrangements
for medical care at Army Hospitals or other medical establishments. An
updated status report was called from the State of Manipur in regard to the
steps taken to provide relief and rehabilitative measures.
4. When the proceedings were next taken up on 17 May 2023, a status
report was filed by the State of Manipur indicating:
a. The steps taken to bring normalcy to the law and order situation
in the State;
b. Details of relief camps which have been opened;
1090 SUPREME COURT REPORTS [2023] 12 S.C.R.
c. Compensation packages made available on account of death or,
as the case may be, injury;
d. Security measures taken for protecting religious places;
e. Transportation of persons who were stranded due to the ongoing
crisis; and
f. Registration of FIRs and the recovery of arms.”
5. Besides the challenge to the direction issued by the Acting Chief
Justice of the High Court, a batch of writ petitions under Article 32 of
the Constitution was moved before this Court. In one of those petitions, 2
apprehensions were expressed by the petitioners about threats to safety.
The petitioners sought directions for enhancing security in sensitive areas
specifically with reference to certain vulnerable villages. This Court directed
that these apprehensions must be taken into account by the authorities
entrusted to monitor law and order in the State. The Chief Secretary and
the Security Adviser were directed to immediately attend to the grievances
after due verification and take such measures as are required to foster
confidence and to ensure peace and tranquillity. The apprehensions which
were expressed by the petitioners in other petitions were also directed to
be taken into account by the law enforcement authorities. The proceedings
were listed before this Court on 20 June, 3 July and 10 July 2023. Noting
that the Chief Secretary had filed a status report, this Court permitted the
contesting parties to make concrete suggestions to the State of Manipur
and the Union of India for improving the situation. On 11 July 2023, the
following submissions were formulated by the Petitioners in Zomi Students
Federation v. Union of India:3
“1. Several bodies are reported to be lying unidentified and
unclaimed in several mortuaries in hospitals across Imphal
including The Jawaharlal Nehru Institute of Medical Sciences
Morgue, Imphal. Families of persons who are missing and
feared dead are unable to reach these mortuaries. The State
may designate an officer who can be contacted and who
2 WP(C) No 540 of 2023
3 WP (C) No 572 of 2023
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1091
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
will facilitate visits by such families to mortuaries under
escort/protection and enable the process of identification and
handover of dead bodies for last rites.
2. There is an acute shortage of doctors in the district hospitals
in the hill districts. The doctors deputed by the health ministry
(see para 22.4 of the status report – Annexure ‘A’) and those
promised by the Hon’ble Home Minister (see PIB Notification
dt. 01.06.2023 – Annexure ‘B’) may be sent to the district
hospitals in the hill districts to address this shortage.
3. There is shortage of essential medicines, Dialysis Machines,
CT Scan Machines in the district hospitals in the hill districts
which must be addressed.
4. Arrangement has been made for students of Churachandpur
Medical College to attend classes in Jawaharlal Nehru Institute
of Medical Sciences, Imphal (JNIMS) (see notification
attached - Annexure ‘C’). Similar arrangement may be made
for medical students of JNIMS, Regional Institute of Medical
Sciences, Imphal (RIMS) and other medical colleges in Imphal
to attend classes in other institutions of similar standing outside
the state (for example see proposal sent by RIMS, Imphal to
the Union of India - Annexure ‘D’).
5. Manipur University has decided to conduct examinations in all
its affiliated colleges (see para 14 of the Status Report). These
examinations need to be deferred since schools and colleges in
the hill districts have been converted into relief camps and a
large number of students and university staff have been forced
to flee their homes.
6. Helicopter Services have been provided between
Churachandpur, Kangpokpi and Tengnoupal and Imphal
(see para 22.3 of the Status Report). Such services are in fact
required between Churachandpur, Kangpokpi and Tengnoupal
and Aizawl, Guwahati and Dimapur as tribals from the hill
districts are still afraid to come to Imphal even to use the
airport.
1092 SUPREME COURT REPORTS [2023] 12 S.C.R.
7. Jio and Vodafone Cellular Services have not been functioning
in the State for the last several weeks and need to be restored.
8. The State Government has issued a circular on 26 th June
2023 (see Annexure ‘E’) asking all government employees
to immediately report to work and threatening disciplinary
action against employees who fail to do so. This circular may
be withdrawn as a large number of persons have either fled
the State or are living in relief camps.
9. There are 105 relief camps in Churachandpur, 56 in Kangpokpi,
10 in Chandel and 15 in Tengnoupal being run by community
self-help groups. There is acute shortage of drinking water,
food, sanitation, shelter and bedding at these for the displaced
persons staying at these relief camps. The Petitioner be allowed
to submit a list of items urgently required at these camps and
the Respondents State/Central Government be directed to
supply these items at the earliest.
10. Direction be issued by this Hon’ble Court that appropriate
restraint be exercised by persons holding official positions
from making inciting or provocative remarks directed at any
particular community that may exacerbate the conflict as per
the directions issued by this Hon’ble Court in the case of
Kaushal Kishor v. State of U.P., (2023) 4 SCC 1.
11. The Hon’ble Home Minister, after discussions with
representatives of all communities had indicated that an
inter-agency unified command would be set up under the
chairmanship of the security adviser Shri Kuldeep Singh (see
PIB Notification dt. 01.06.2023 – Annexure B). However,
as per the updated status report, the meetings of the unified
command center are being chaired by the Chief Minister (see
paragraph 6 of the Status Report – Annexure A) which is
contrary to the stated position of the Central Government. This
needs to be corrected to generate confidence in the neutrality
of measures being undertaken.
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1093
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
12. A status report be called for on the number of arms looted from
the police armories, the number of such arms recovered and
the measures being undertaken for recovery of the remaining
arms.
13. To make the task of this Hon’ble Court easier, a committee
having representatives of both the affected communities and
chaired by a retired judge of this Hon’ble Court be appointed
to oversee rescue, relief and rehabilitation measures and to
address grievances concerning the same. This will ensure
neutrality and build confidence in the impartiality of the relief
and rehabilitation measures. At present the teams comprising
ministers and MLAs appointed by the Government to
oversee relief and rehabilitation measures comprise of 35
MLAs (from a legislative assembly comprising 60 MLAs)
across seven teams in-charge of seven (7) districts pointedly
do not include even a single MLA from the ZoKuki tribes
which damages public confidence in the neutrality of the
measures being undertaken (see circular dated 5th July,
2023 – Annexure ‘F’).”
6. While issuing directions for implementing most of the above
suggestions (save and except those at Serials 5, 6, 7 and 13 above), this Court
directed positive action by 14 July 2023. As regards suggestion at Serial
number 13, the court noted that a notification was issued on 5 July 2023
by the Government of Manipur constituting Committees in seven districts
for overseeing the supervision and management of relief camps set up for
housing persons who have been displaced by the situation in Manipur. On
the aspect of providing compensation to the victims of the sectarian strife,
this Court observed:
“4 In the suggestions which have been made before this Court
in Manipur Tribal Forum Delhi vs The State of Manipur and Another,
at this stage, we are of the view that following suggestion would merit
consideration by the State administration, namely:
“Direct the State to immediately begin and complete within
3 months (a) the interim payment of 10 lakhs for every tribal
1094 SUPREME COURT REPORTS [2023] 12 S.C.R.
killed as assured by the Home Minister, (See list of 118 killed
tribals (Add Aff. 8.7.23), (b) the reconstruction by the State of
the 141 tribal villages destroyed (pg.41 I.A. 115711), and the
227 churches destroyed (pg.26) and further to provide security
so that the tribals can return.”
5 The State administration shall take a considered view
for disbursal of compensation to the affected families and for
reconstruction of villages and places of religious worship which
have suffered destruction in the recent incidents of violence in the
State.”
7. On the arrangements for preserving security, the Chief Secretary
of the State of Manipur filed an affidavit indicating the steps taken. This
Court directed the Union Government and the State of Manipur to make
sufficient arrangements to ensure the protection of lives and properties of
all the citizens and residents of the State of Manipur.
8. On 20 July 2023, the proceedings were taken on board by this Court
in response to visuals which had appeared in the media on the previous
day depicting the perpetration of sexual assault and violence on women in
Manipur. While noting that it was ‘deeply disturbed by the visuals,’ this Court
noted that what was portrayed in the media indicated gross constitutional
violations and infractions of human rights. This Court observed that “using
women as instruments for perpetrating violence is simply unacceptable in a
constitutional democracy.” The Court called for reports indicating the steps
taken by the Government (i) to hold the perpetrators accountable; and (ii)
ensure that such incidents are not repeated. Both the Union Government
and the State Government were directed to take immediate steps – remedial,
rehabilitative and preventive - and to apprise this Court of the action which
was taken by the next date.
9. On 1 August 2023, this Court was apprised by the State of Manipur
that 6,523 FIRs had been registered as on 25 July 2023. According to
its status report, 150 deaths had taken place between 3 May 2023 and 9
June 2023 and 502 persons were reported to have been injured. The State
reported that there were 5,101 cases of arson; 252 persons were arrested
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1095
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
in connection with the FIRs and 12,740 preventive arrests were made. The
State informed the Court that 11 FIRs involved cases of violence against
women and children, though this was subject to further verification. Seven
arrests were reportedly made in connection with these 11 FIRs.
10. At that point, the Court was apprised by one of the counsel that
there was one more FIR of the same genre. The Union Government apprised
this Court through the Solicitor General that while two FIRs which had been
registered in the context of the horrific visuals that depicted sexual violence
against women, the State of Manipur was willing to refer all the 11 FIRs
to the CBI. Noting that the material which was disclosed before the Court
was inadequate, this Court observed that there was no disaggregation of the
6,523 FIRs on the basis of the offences to which they pertained. The State
was directed to carry out this exercise and inform the Court how many of
the FIRs pertain to cases involving: (i) murder and/or rape and outraging
of modesty; (ii) arson and looting; (iii) destruction of house property and
places of religious worship; and (v) grievous hurt. This Court expressed its
dissatisfaction with the tardy pace of investigation. The Court highlighted
that there was an unexplained delay between the occurrence of the crimes in
early May 2023 and the registration of the FIRs and the recording of witness
statements and making arrests have been few and far between. This Court,
accordingly, called for a tabulated statement indicating:
a. The date of each occurrence;
b. The date of the registration of the zero FIR, if any;
c. The date of the registration of the regular FIR;
d. The dates on which witness statements have been recorded;
e. The dates on which statements under Section 164 of the Code
of Criminal Procedure 1973,4 if any, have been recorded;
f. The dates on which the victims were medically examined;
g. The dates on which arrests, if any, have been effected; and
h. Whether the accused have been named in the complaint/FIR.
4 “CrPC”
1096 SUPREME COURT REPORTS [2023] 12 S.C.R.
11. The status report which has been filed by the State of Manipur
contains a disaggregation of 6,523 FIRs registered between 3 May and 30
July 2023. It is reproduced below:
“DISAGGREGATION OF 6523 FIRs
(03 May to 30 July 2023)
1. Murder and /or rape and outraging of modesty:
Sl No Crime Section of Law (IPC) No of cases
(i) Murder 302/304 – Murder 72
(ii) Rape 376/376D – Rape/Gang rape 3
Murder and 302/304 – Murder and 376 -
(iii) 1
Rape Rape
Outraging 354 – Assault or criminal force
(iv) of modesty to woman with intent to outrage 6
her modesty
Kindly note: There is an overlap of offences in the FIRs
2. Arson, Looting, Destruction of house property:
Sl No Crime Section of Law (IPC) No of cases
(i) Arson 436/435 -Mischief by fire or 4454
explosive substance (arson)
(ii) Looting 380 – Theft in dwelling house 4148
392/397/395/400/390 - Robbery, There is
Dacoity overlap of
offences
(iii) Destruction 427 – Mischief causing damage 4694
of house
There is
property
overlap of
offences
(iv) Damage 3 PDPP ACT – Mischief causing 584
to public to damage to public property
There is
property
overlap of
offences
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1097
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
Kindly note: There is an overlap of offences in the FIRs
3. Destruction of places of worship:
Sl No Crime Section of Law (IPC) No of cases
(i) Destruction 295/295A - Injury or defiling
of places place of worship
46
of religious
worship
4. Grievous hurt:
Sl No Crime Section of Law (IPC) No of cases
(i) Grievous hurt. 325/326 - Grievous hurt 100”
12. The status report contains details of FIRs, month wise occurrence
of crimes, registration of cases, and the reporting of deaths and injuries. The
status report provides the following data:
Total number of FIR registered originally as regular
“1 4766
FIRs in the PS of original jurisdiction
Total number of FIRs registered originally as ZERO
2 11414
FIRs
Total number of such ZERO FIRs transferred to PS of
3 10382
respective jurisdiction
Total number of ZERO FIRs converted to regular FIRs
4 6621”
by PS of respective jurisdictions
13. The status report indicates the following situation in regard to
the examination of witnesses, arrests, and medical examination of victims:
“EXAMINATION OF WITNESSES, ARRESTS ETC
(1) Murder rape, Outrage of modesty
No of witness statements recorded : 193
No of 164 statements recorded : 3
No of arrests made : 16
No of medical examination : 13
1098 SUPREME COURT REPORTS [2023] 12 S.C.R.
(2) Arson, looting, damage to property
No of witness statements recorded : 1366
No of 164 statements recorded : 3
No of arrests made : 14
No of medical examination : 6
(3) Destruction of religious place of worship
No of witness statements recorded : 10
No of 164 statements recorded : nil
No of arrests made : nil
No of medical examination : nil
(4) Grievous Hurt
No of witness statements recorded : 56
No of 164 statements recorded : nil
No of arrests made : 12
No of medical examination : 7”
14. During the course of the submissions which have been addressed
before this Court, certain fundamental aspects warranting the immediate
attention of this Court have crystallized. Counsel for the petitioners
specifically highlighted the following issues:
a. The need for the appointment of a court-mandated Committee
for hearing and healing and for restoring the confi dence of
survivors and the families of victims of violence, particularly
sexual violence against women;
b. Constituting a court-appointed Special Investigating Team5
comprising five police officers drawn from outside the State of
Manipur with a specific mandate to ensure:
5 SIT
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1099
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
i. registration of FIRs;
ii. recording of statements of victims under Section 164 CrPC;
and
iii. medical examination of the victims under Section 164A
CrPC;
c. Protection of victims and witnesses;
d. Provision of legal aid;
e. Enforcing the right to a speedy trial;
f. Provision of free and comprehensive medical aid to survivors or
victims;
g. Transformative and reparative justice for the victims of ethnic
violence, including by:
i. Ensuring conditions of dignity in the relief camps;
ii. Providing compensation and restitution to the victims of
violence; and
iii. Taking preventive measures;
h. Facilitating the right to information by appointing nodal officers at
relief camps and other places to bridge the informational vacuum;
i. Providing dignity in the disposal of dead bodies; and
j. Appointment of a Commission of Inquiry to enquire into
dereliction of duty by public servants.
15. The circumstances which justify the intervention of this Court in
the exercise of its jurisdiction under Article 32 of the Constitution, clearly
emerge from the sequence narrated earlier in this judgment. The sectarian
violence and strife in Manipur has received extensive coverage in the media.
The affidavit which has been filed by the Union Home Secretary in these
proceedings states that:
“4. … large-scale violence broke out in the State of Manipur on
03.05.2023 after a Tribal Solidarity March undertaken by All Tribal
Students Union Manipur (ATSUM) in opposition to the demand for
1100 SUPREME COURT REPORTS [2023] 12 S.C.R.
inclusion of the Meitei community in the list of Scheduled Tribes. The
call for this march led to a counter response by Meiteis. Thereafter
large-scale violence broke out in the State of Manipur, and as a result
of the violence, many residents of Manipur lost their lives and several
other got seriously injured, their houses and properties were burnt
down as a result of arson and many of them were rendered homeless.
Moreover, incidents of violence and heinous crimes against women
have come to light.”
The Union Home Secretary has also noted that on 26 July 2023, the
Government of Manipur recommended the entrustment of two FIRs to the
CBI for investigation which was then recommended by the Union Ministry
of Home Affairs on 27 July 2023. The Union Government has also informed
the Court of its position that not only should the investigation be completed
at the earliest but the trial should also be conducted in a time bound manner
outside the State of Manipur.
The tardy pace of investigation by the investigating machinery in the
State of Manipur has emerged from the material which was placed before
this Court which is indicative of:
a. Significant delays between the occurrence of incidents involving
heinous crimes including murder, rape and arson and the
recording of zero FIRs;
b. Significant delays in forwarding the zero FIRs to the police
stations which have jurisdiction over the incidents;
c. Delays in converting the zero FIRs into regular FIRs by the
jurisdictional police stations;
d. Delays in recording witness statements;
e. Lack of diligence in recording the statements under Section 161
and Section 164 CrPC;
f. The tardy pace of effecting arrests in cases involving heinous
offences; and
g. The lack of alacrity in ensuring medical examination of victims.
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1101
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
16. These lapses in the investigative process do not bode well for the
State of Manipur. The importance of a speedy and fair justice system should
need no reiteration but the magnitude of the offences that we are dealing
with prompts this Court to reiterate their importance:
a. When a bodily or sexual offence is complained of, it is necessary
to conduct a medical examination of the victim immediately
after the FIR is registered, without any delay (subject to the
victim consenting to such examination). This is because one of
the crucial pieces of evidence which has great probative value
in a trial is the nature and severity of the injuries sustained
by the victim. The existence of that injury has to be proved
to the satisfaction of the court. A medical examination by a
registered medical practitioner appropriately authorised in this
regard is necessary to prove that an injury was sustained. As
time passes, some injuries heal and it is difficult (and in some
cases, not possible) for a registered medical practitioner to
accurately assess the severity of the injury. It is also difficult
for the registered medical practitioner to develop an opinion on
the nature of the weapon or the type of trauma which caused
the injury. These aspects attain importance during the trial
when a weapon recovered from the accused may be found
to be connected to the injury sustained by the victim. If the
prosecution fails to prove that the injury sustained by the victim /
survivor was a result of the weapon recovered from the accused,
a person who is guilty of an offence may be unjustly acquitted.
Conversely, if the injury sustained by the victim / survivor is
incorrectly found to be linked to the weapon recovered from the
accused, an innocent person may be wrongfully convicted. Time
is especially of the essence when a sexual offence is complained
of. A medical examination may result in the recovery of the
DNA of the accused from the clothing or body of the victim /
survivor. It may also result in the identification and recording
of the nature and severity injuries sustained by the victim /
survivor. This is one of the reasons that Section 164-A CrPC
requires the medical examination of rape victims to take place
1102 SUPREME COURT REPORTS [2023] 12 S.C.R.
within twenty-four hours from the time that information about
the commission of the offence is received (subject to the victim
/ survivor consenting to such examination). Undoubtedly, the
absence of such evidence ought not to lead to an acquittal as
a matter of course. However, there is no reason to deprive the
prosecution of evidence which has significant probative value
or to deviate from the investigative procedures prescribed by
law;
b. The statements under Sections 161 and 164 CrPC must be
recorded as soon as possible. Such statements often lead to the
recovery of evidence or the identification of accused persons or
witnesses. The statement under Section 161 CrPC may attain
relevance during the trial, where the defence may rely on it
to contradict a witness in terms of Section 145 of the Indian
Evidence Act 1872;
c. The statements under Sections 161 and 164 CrPC coupled with
the medical examination of the victim may lead to the recovery
of evidence and the discovery of relevant facts, which will enable
the prosecution to correctly identify the accused person(s) and
arrest them. This, in turn, will enable the trial to commence as
soon as possible and for justice to be done. Justice delayed is
indeed justice denied;
d. It is crucial for the police to identify and arrest the accused person
expeditiously because the accused person may be required for the
completion of investigation. Further, the accused may attempt to
tamper with or destroy the evidence, intimidate witnesses, and
flee from the place of the crime. Whether or not a person who is
arrested in a particular case is likely to do this is a matter left to be
determined by the court seized of the matter (during proceedings
for bail, if any) but a significant delay in the identification and
arrest of the accused for no reason at all cannot be countenanced
by this Court;
e. The importance of identifying, arresting, prosecuting, and
convicting the person who is actually responsible for the
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1103
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
commission of an offence cannot be overstated. If the police
arrests a person who is not actually responsible for the offence
complained of, it results in injustice which is two-fold: the actual
perpetrator is not brought to justice and an innocent person is
unjustly prosecuted; and
f. A speedy investigation is necessary to secure a just and proper
outcome in a trial and to instil and maintain confidence in the
administration of criminal justice in our country. A speedy
investigation also serves a preventive function in that the
persons who witness the swiftness and accuracy with which
the criminal justice system punishes the perpetrator, will be
deterred from committing similar crimes. Last but not least, an
expeditious investigation and trial ensures that the trauma of
victims / survivors is not prolonged because of the length of the
proceedings.
17. 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. Subjecting women to sexual crimes and
violence is completely unacceptable and constitutes a grave violation
of the constitutional values of dignity, personal liberty and autonomy
all of which are protected as core fundamental rights under Part III of
the Constitution. Mobs commonly resort to violence against women for
multiple reasons, including the fact that they may escape punishment for
their crimes if they are a member of a larger group. 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. It is the
bounden duty of the state – its foremost duty, even – to prevent people
from committing such reprehensible violence and to protect those whom
the violence targets.
18. The sectarian strife has also led to large scale destruction of
residential property and places of religious worship. In this backdrop, this
Court is duty bound to step in while performing its plain constitutional
obligation. This Court is also of the opinion that its intervention will be a
step towards the guarantee of non-repetition that victims of such crimes
1104 SUPREME COURT REPORTS [2023] 12 S.C.R.
are entitled to.6 The remedies which have been granted are those which the
Court feels will be even handed across all communities and do justice to
all those who have been injured (in any manner) by the sectarian violence.
The victims of violence must receive remedial measures irrespective of their
community. Likewise, the perpetrators of violence must be held accountable
irrespective of the source of violence. 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. Absent a proper investigation, this Court will not enter a
finding of fact on these allegations. But, at the very least, such allegations
require an objective fact-finding to be conducted. 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. This is the promise of
justice that the Constitution demands from this Court and from all branches
of the state.
19. In this backdrop, there are two broad objects which the directions of
this Court must subserve. 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 confidence 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 confidence in the
investigative and prosecutorial process is sustained.
20 In order to subserve the two objectives which have been highlighted
above, we issue the following directions:
a. A Committee consisting of the following three members is
constituted:
i. Justice Gita Mittal, former Chief Justice of the High Court
of Jammu and Kashmir;
6 United Nations, General Assembly, Resolution 60/147, ‘Basic Principles and
Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian
Law.’
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1105
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
ii. Justice Shalini Phansalkar Joshi, former Judge of the High
Court of Judicature at Bombay; and
iii. Justice Asha Menon, former Judge of the High Court of
Delhi.
b. The mandate of the Committee shall be to:
i. Enquire into the nature of violence against women that
occurred in the State of Manipur from 4 May 2023 from
all available sources including personal meetings with
survivors, members of the families of survivors, local/
community representatives, authorities in charge of relief
camps and the FIRs lodged as well as media reports; and
ii. Submit a report to this Court on the steps required to
meet the needs of the survivors including measures for
dealing with rape trauma, providing social, economic, and
psychological support, relief and rehabilitation in a time
bound manner;
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. This would include, illustratively, ensuring that the
following requirements are met:
A. Clean rations which are adequate in quantity;
B. Adequate supplies of essential products such as soap,
water, toothpaste, other toiletries, and clothes;
C. Taking care of the needs of infants and lactating
mothers;
D. Meeting the requirement of basic medical care;
E. Control on the outbreak of communicable diseases;
1106 SUPREME COURT REPORTS [2023] 12 S.C.R.
F. Providing information on the accessibility of legal,
psycho-social, medical and livelihood services;
G. Access to free pregnancy tests, free emergency
contraceptives, free sanitary pads and free maternal
health services including access to gynaecologists;
H. Emergency and specialised medical care for people
suffering with critical illness including haemophilia,
cancer, and HIV/AIDS;
I. Proper sanitation facilities at the relief camps
including clean toilets and bathrooms which are
adequate in number having due regard to the number
of people housed in a particular relief camp and proper
disposal of sewage and other waste;
J. Suicide prevention services and regular visits by
psychologists / psychiatrists to treat the impact of
violence and trauma;
K. Regular visits by psychologists, psychiatrists, and
counsellors who are specifically trained to treat
children and adolescents;
L. Ensuring that women, children and persons suffering
from physical and mental disabilities have equal
access to resources to meet their basic needs; and
M. Ensuring that information regarding the availability
of the facilities listed above is disseminated and
awareness is created amongst the residents of the
relief camps.
v. Ensuring the payment of compensation and restitution to
victims of violence; and
vi. Issuing directions for the appointment of nodal officers
at relief camps and the provision of toll-free helplines to
provide updates on any investigation, missing persons, and
the recovery of dead bodies. The nodal officers must also
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1107
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
ensure that they maintain a database of all persons who
are housed in their respective relief camps. They must use
this database to coordinate with one another and ensure
that minors and other persons who have been separated
from their families are reunited with their families at the
earliest.
21. The three-Judge Committee appointed by this Court would, as part
of its remit, enquire into and take steps necessary for the disbursement of
compensation including the following:
a. Issuing directions 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 identified
for the payment of compensation;
c. A report of compliance be filed before this Court within six weeks
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;
and
e. Issuing directions to the State of Manipur to settle compensation
for damages caused to the movable and immovable properties
of persons affected by violence; and
f. The updated status report shall be filed before this Court on a
fortnightly basis.
22. The State of Manipur and the Union Government have indicated
that there are eleven FIRs involving cases of sexual violence against women
and children. Details of the statement tendered by the Director General
1108 SUPREME COURT REPORTS [2023] 12 S.C.R.
of Police, Manipur, who was present in Court, under its directions, are
reproduced below:
“Sl. FIR No. & Section Police station District
No.
1 FIR No. 94(5)2023 PRT-PS u/s 147/ 148/ Porompat PS Imphal
149/302 IPC. East
2 FI R No . 54 1(6 )20 2 3 PRT-PS u/ s Porompat PS Imphal
326/354/366/375/302/34 IPC East
Corresponding to FIR No. ZERO (65)
(5)2023 SKL PS u/s 326/ 354/ 366/ 375/
302/ 34 IPC
3 FIR No. 110 (06) 2023 NSK PS u/s 153A/ Nongpok Thoubal
398/427/436/448/302/354/364/326/34 IPC Sekmai PS
Corresponding to FIR No. ZERO (91)
(5)23 SKL PS u/s 153A/398/427/436/4
48/302/354/364/326/376/34 IPC & 25
(1-C) A. Act.
4 FI R No . 81 5(7 )20 2 3 PRT-PS u/ s Porompat PS Imphal
354/307/364/376/376D/506/34 IPC & East
Sec 3 SC/ST (PoA) Act 1989
Corresponding to ZERO FIR No. 0(930)
(7)2023 KPI-PS u/s 354/307/364/376
/376D/506/34 IPC & Sec 3 SC/ST (PoA)
Act 1989
5 FIR No. 93(5)2023 PRT-PS U/S 147/ 148/ Porompat PS Imphal
149/ 326/354 IPC East
Corr esponding to ZERO FIR No.
00(5)2023 WPS-CCP u/s 143/148/307
/326/ 354/397/34 IPC, 25(1-B) Arms Act
& 3(2)(iii) of SC/ST (POA) Act
6 FIR No. 79(5)2023 LPS u/s 148/ 149/ Lamphel PS Imphal
302 IPC West
Corresponding to FIR No. 00(5)2023
CCP-PS u/s 143/ 148/ 427/ 436/ 354/ 34
IPC registered and then transferred to
Lamphel -PS on18/07/2023.
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1109
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
7 FI R No. 24 5(5 ) 2 02 3 SJM-P S u/ s Singjamei PS Imphal
147/149/354/427 IPC & 3(i)(ix) SC & West
ST (Prevention of Atrocities) Act.
8 FIR No. 81(5)2023 SJM-PS u/s 354/34 Singjamei PS Imphal
IPC & 27 Arms Act. West
9 FIR No. 499(7)2023 SJM-PS u/s 143/ 148/ Singjamei PS Imphal
506/124-A/ 307/ 354/ 436/ 397/ 34 IPC & West
Sec 3(2) (iii) of SC & ST (Prevention of
Atrocities Act).
(Transferred from WPS-CCP)
10 i) FIR No. 584(7)2023 IPS U/s 366/ 368/ Imphal PS Imphal
34 IPC & West
ii) FIR No. 1009(7)2023 LPS U/S 365/34
1PC.
11 FIR No. 117(6)2023 YPI/PS U/S 147/148 Yaingangpokpi Imphal
/149/325/354/307/427/400/34 IPC. PS East”
23. Apart from the above eleven FIRs, the petitioners have adverted
to the following six FIRs:
“S.No. Date FIR No
1. 17.05.2023 Zero FIR 79(5) 2023 SKL-PS
2. 14.06.2023 FIR No. 0(680)(6) KPI-PS
3. 08.06.2023 FIR No. 00(06) 2023 SKT – PS
4. 17.05.2023 FIR No. 146(5) 2023 LPS and FIR No. 147(5)
2023 LPS. These two FIRs are separate FIRs filed
by two victims but relate to the same incident.
5. 21.07.2023 FIR No. 00(07) 2023 CCP-PS
6. 09.07.2023 FIR No. 00(07) 2023 CCP - PS”
The above statement which has been tendered on behalf of the
petitioners in the petition fi led by the Zomi Students Federation shall
be duly scrutinized. In the event that these FIRs involve offences of a
similar nature to those which have been referred to the CBI, similar
action in that regard shall be taken within two weeks. This Court shall
be apprised of the action taken in this regard by way of a status report
filed within three weeks.
1110 SUPREME COURT REPORTS [2023] 12 S.C.R.
25. In order to ensure the fairness of the investigation, the following
directions are issued:
a. The process of investigation shall be monitored by this Court.
For this purpose, this Court appoints Shri Dattatray Padsalgikar,
former Director General of Police, Maharashtra 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
Affairs shall place at the disposal of the CBI five officers 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 five officers shall be a woman. For this
purpose, the Directors General of Police of the above States shall
nominate an officer at least of the rank of Deputy Superintendent
of Police for deputation to the CBI. On deputation, the officers
shall perform their functions under the overall structure of the
CBI and submit periodical information and reports as may be
required by Shri Dattatray Padsalgikar, the officer appointed by
this Court for supervising the investigation. They shall abide by
the directions as may be issued in that regard by him from time
to time; and
c. Shri Dattatray Padsalgikar is also requested to investigate the
allegations that certain police officers colluded with perpetrators
of violence (including sexual violence) during the conflict in
Manipur. The Union Government and the State Government
shall provide any assistance required in order to carry out this
investigation. The findings shall be submitted to this Court in
the form of a report.
26. The State of Manipur has, in its submission before the Court,
indicated that in order to ensure that the investigation into the FIRs is
conducted in a time bound manner, the following SITs shall be constituted:
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1111
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
“For FIRs related to murder and/or any other heinous crime, the SITs
are proposed to be headed by an officer not below the rank of SP and
such SITs will also include the following :-
i. 02 (two) Inspectors
ii. 06 (six) Sub-Inspectors
iii. 12 (twelve) Constables.
For FIRs related to rape, outraging of modesty and such other sexual
offences, the SITs are proposed to be headed by an officer not below
the rank of SP and such SITs will also include the following :-
i. At least 01 (one) female Inspector
ii. At least 02 (two) female Sub-Inspectors
iii. At least 04 (four) Women PCs.
For other FIRs, SITs headed by an officer not below the rank of Dy SP
will be constituted. The composition of these SITs will be as follows:
i. 02 (two) Inspectors
ii. 06 (six) Sub-Inspectors
iii. 12 (twelve) Constables.
For the districts of Churachandpur, Kangpokpi, Imphal West, Imphal
East, Bishnupur and Kakching, there will be 06 (six) SITs in each
district with the above composition.
For Thoubal and Tengnoupal districts, there will be 03 (three) SITs
each with the above composition.
These SITs will be supervised weekly by an officer of the rank of
DIG/ IG/ ADG.
In addition, the DGP will also monitor these cases fortnightly.
In total, 42 (forty-two) nos. of SIT teams of Manipur Police are being
proposed to tackle these cases in a focused and timely manner.”
27. In order to ensure proper monitoring and supervision of the
investigation by the police authorities, the Union Ministry of Home Affairs
1112 SUPREME COURT REPORTS [2023] 12 S.C.R.
shall make available, on deputation, one officer of the rank of Police
Inspector drawn from the States of Rajasthan, Madhya Pradesh, Odisha,
Jharkhand, Maharashtra and NCT of Delhi. The Ministry of Home Affairs
shall also nominate, on deputation, at least fourteen officers not below the
rank of Superintendent of Police to be in charge of the respective SITs.
The investigation by the SITs constituted for the State of Manipur shall
also be monitored and supervised by Shri Dattatray Padsalgikar, the officer
appointed by this Court for the purpose. The following directions are issued
in this regard:
a. In cases where the FIR relates to a sexual offence (rape, outraging
the modesty of a woman, etc.) in addition to any other crime
(murder, grievous hurt, etc.), the SIT which consists of women
officers (Inspectors / Sub-Inspectors / PCs as described by the
State of Manipur in the extract above) 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 which may have resulted
in the loss of family members and homes, displacement, and
trauma to their own bodies and minds;
c. Where sexual offences 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. The SITs shall comply with the directions issued
by this Court with regard to the investigation of sexual offences
including the directions issued in Nipun Saxena v. Union of
India7 and XYZ v. State of Madhya Pradesh. 8
7 (2019) 2 SCC 703
8 2022 INSC 799
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1113
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
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 officer appointed by this court require any further
assistance of supervising officers at the DIG level or otherwise, a
requisition in that regard shall be submitted to the Union Ministry
of Home affairs for necessary action;
f. In the course of monitoring the investigation, Shri Dattatray
Padsalgikar will ensure that, depending on the facts of each case,
the FIRs are registered by invoking relevant penal provisions.
Illustratively, some of the provisions are set out below:
Indian Penal Code 1860
S.No. Section Description
1. 117 Abetting commission of offence by the public
or by more than ten persons.
2. 121 Waging or attempting to wage war or abetting
waging of war against the Government of India
3. 121A Conspiracy to commit offences punishable by
section 121
4. 122 Collecting arms, etc, with intention of waging
war against the Government of India.
5. 124A Sedition
6. 145 Joining or continuing in unlawful assembly,
knowing it has been commanded to disperse.
7. 147 Punishment for rioting
8. 149 Every member of unlawful assembly guilty of
offence committed in prosecution of common
object.
9. 151 Knowingly joining or continuing in assembly
of five or more persons after it has been
commanded to disperse.
1114 SUPREME COURT REPORTS [2023] 12 S.C.R.
10. 153A Promoting enmity between different groups
on grounds of religion, race, place of birth,
residence, language, etc, and doing acts
prejudicial to maintenance of harmony.
11. 186 Obstructing public servant in discharge
of public functions.
12. 302 Punishment for murder.
13. 324 Voluntarily causing hurt by dangerous weapons
or means.
14. 326 Voluntarily causing grievous hurt by dangerous
weapons or means.
15. 332 Voluntarily causing hurt to deter public servant
from his duty.
16. 353 Assault or criminal force to deter public servant
from discharge of his duty.
17. 354 Assault or criminal force to woman with intent
to outrage her modesty.
18. 354A Sexual harassment and punishment for sexual
harassment.
19. 354B Assault or use of criminal force to woman with
intent to disrobe.
20. 376 Punishment for rape.
376(2)(g) Punishment for rape committed during
communal or sectarian violence.
376-A Punishment for causing death or resulting in
persistent vegetative state of victim.
376-C Sexual intercourse by a person in authority.
376-D Gang rape.
21. 392 Punishment for robbery.
22. 395 Punishment for dacoity.
23. 436 Mischief by fire or explosive substance with
intent to destroy house, etc.
24. 447 Punishment for criminal trespass.
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1115
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
25. 456 Punishment for lurking house-trespass or
house-breaking by night.
26. 457 Lurking house-trespass or house-breaking by
night in order to commit offence punishable
with imprisonment.
27. 458 Lurking house-trespass or house-breaking
by night after preparation of hurt, assault, or
wrongful restraint.
28. 505 Statements conducing to public mischief.
29. 120B Punishment of criminal conspiracy.
Prevention of Damage to Public Property Act 1984
S.No. Section Description
1. Mischief causing damage to public property.
2. Mischief causing damage to public property
by fire or explosive substance.
Arms Act 1959
S.No. Section Description
1. 25 Punishment for certain offences.
Unlawful Activities (Prevention) Act 1967
S.No. Section Description
1. 15 Terrorist act
2. 16 Punishment for terrorist act.
3. 18 Punishment for conspiracy, etc.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act 1989
S.No. Section Description
1. 3 Punishment for offences of atrocities.
28. The officer nominated by this Court shall, in the course of
monitoring the investigation, issue all appropriate directions including:
1116 SUPREME COURT REPORTS [2023] 12 S.C.R.
a. Providing qualified 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.
29. The Union of India and the State of Manipur shall:
a. Ensure that all the areas which are vulnerable to sectarian violence
and riots are identified and monitored so that preventive measures
are effectively 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.
This information must be made available even to those who are
not in possession of a radio, newspaper subscription, smartphone,
or television; and
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.
DINGANGLUNG GANGMEI v. MUTUM CHURAMANI MEETEI 1117
[DR. DHANANJAYA Y CHANDRACHUD, CJI]
30. Shri Dattatray Padsalgikar and the three-Judge Committee
appointed by this Court shall submit reports to this Court within a period
of two months, elaborating on the progress which has been made. This
Court shall issue further directions at that stage for the shifting of the trials
outside the State of Manipur, as may be required and for consequential
directions.
31. List the proceedings on 13 October 2023.
Headnotes prepared by: Directions issued.
Ankit Gyan
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