Cracking whip, the Supreme Court on Monday constituted a committee of three former women judges – Justice Gita Mittal, Justice Shalini Joshi and Justice Asha Menon to oversee the measure for the relief, rehabilitation, rebuilding of homes, places of worship and suggest compensation and appointed former DGP of Maharashtra and Mumbai Police Commissioner Dattatrey Padsalgikar to oversee investigations by the SITs.
Justice Geeta Mital, who heads the committee, was chief justice of the Jammu & Kashmir High Court. Justice Asha Menon was a judge of the Delhi High Court and Justice Shalini Joshi is a former judge of the Bombay High Court.
Stating that the three-judge committee will ensure law, restore the trust, faith and confidence of the violence battered people,
Chief Justice D Y Chandrachud heading a bench also comprising Justice J B Pardiwala and Justice Manoj Misra said that officers of the rank of deputy superintendent of police or superintendent of police will be inducted in CBI to be associated with the teams investigating 12 plus cases involving assault on women and other heinous offences.
The court clarified that the induction of deputy superintendent of police or superintendent of police from different states in the CBI, was in no manner an aspersion on CBI. It is only to ensure the faith of the people in the investigations.
“We will ask the director general of police from the states where Hindi is spoken and have five officers to be brought on deputation to the CBI to oversee the investigation into these FIRs. These officers will also function within four corners of the administrative set up of the CBI and will be supervised by the joint director of CBI,” Chief Justice Chandrachud said.
The court declined a plea seeking the transfer of trial of cases outside Manipur.
Besides the committee of three former high court judges, the CJI said that Dattatrey Padsalgikar will head another layer of supervision. Both the three-judge committee and Dattatrey Padsalgikar will submit separate reports to the top court.
Similarly, the court said that police inspectors from different States will be associated with the 42 Special Investigations Tean (SITs) set up by the Manipur police to investigate the cases, other than those handed over to CBI. One inspector will be associated with each of the SITs.
“There will be about 42 SITs which will look at cases not transferred to CBI. Inspectors from where Deputy Superintendent of Police will come will also be brought in by the Ministry of Home Affairs in those 42 SITs so that one officer from outside the State is there in each of those cases. These 42 SITs will be supervised by six DIG Rank officers from outside the State of Manipur… each officer will oversee 6 SITs”, the CJI said giving the outline of the order.
Giving the broad outline of the order, Chief Justice Chandrachud said, “The broad outline is to use whatever is in our power to restore faith in rule of law. We will appoint a committee of three former High Court judges. This committee of three judges will look at the investigation, relief, rehabilitation, remedial measures, and compensation. It is a broad-based committee.”
The chief secretary and the Director General of Police, Manipur were present in the court. The top court in the last hearing had summoned the DGP to be present in the court today. However, Solicitor General Tushar Mehta informed the bench that they asked the chief secretary too to be present.
The top court was hearing a batch of petitions relating to over three months long violence in Manipur including one by two women who were paraded naked and molested by the mob on the streets of the State.
Besides Attorney General R Venkataramani and the Solicitor General Tuehar Mehta, a number of lawyers Colin Gonsalves, Indira Jaisinh, Vrinda Grover, Anand Grover, Ranjit Kumar, Maninder Singh and others.
Stating that the government was handling the situation in Manipur at a “very mature level”, Attorney General Venkataramani told the bench, “We are trying to understand the ground situation. All of us want restoration of peace…any small deviation can make a world of a difference.”
On the segregation of cases crime wise, the attorney general said, “In terms of the order, regarding disaggregation of offences, we have to be careful.”
The Attorney General said that “broadly, on the basis of analysis of FIRs and nature of offences, we have made this district configuration. In case of murders, there will be SPs etc, then in sexual offences there will be teams fully comprising of female investigative officers…”
Cautioning against the presence of investigating officers from outside the State, the Attorney General said, “Today the position is still sensitive…Any externally directed investigation doesn’t inspire confidence.”
The hearing saw fingers being pointed to the infiltrators from across the border and poppy cultivation as one of the causes behind the violence. This dimension was raised by senior advocate Maninder Singh which found subtle endorsement by the Solicitor General Mehta.
Most of the lawyers gave suggestions on the way cases should be dealt with.
Indira Jaisingh pointed to the need for investigation and prevention. She said that conflict is going on and there was a need to set-up a high-powered commission to reach back to this court. This commission could be of retired female judges, it would be the eyes and ears of the court.
A lawyer from Manipur told the bench that for” 90 days of violence, nobody came out. I request all, to do something for violence to stop, don’t focus on one incident, do something to stop violence.”
He called lawyers to “come down to Manipur to see what is going on. We are all suffering. What is going on every day? Highways are blocked. Things are costly. There are no earnings. We want all of you to come to Manipur. A thing whose MRP 10, is available for Rs. 15.