The Supreme Court on Tuesday said there was a “breakdown” of the constitutional machinery in Manipur and “there is no law and order left at all”, pointing out that the state’s police force was “either incapable of or unwilling to act” and
was “not in charge of the situation” for close to three months.

The apex court lamented that “except for one or two cases, there have been
no arrests at all” although over 6,500 FIRs had been lodged.

The court called out the “lethargy” of law enforcement and “tardiness” in investigations, while the government’s law officer acknowledged that “we are in the midst of a war of a different dimension”.

“The investigation is so lethargic. No arrests made. Statements being recorded after such lapse of time. This gives an impression that there was no law and order, (there was a) breakdown of constitutional machinery,” Chief Justice of India D.Y. Chandrachud said.

“Maybe it is correct that arrest could not be made because the police could not enter the locality, but even then, there was a complete breakdown of law and order,” Justice Chandrachud told attorney-general R. Venkataramani and solicitor-general Tushar Mehta, appearing for the central and Manipur governments.

The bench, which included Justices J.B. Pardiwala and Manoj Misra, directed the Manipur director-general of police to be personally present before it at the next hearing on August 7, expressing dissatisfaction with the updated status report submitted by Mehta pursuant to Monday’s order of the Supreme Court.

“For two months, the situation was such that FIRs could not be lodged?... People who are living in the state… if the law-and-order machinery cannot protect them, then what happens to the people?” CJI Chandrachud said.

Mehta responded: “The situation is now coming back to normal and that is why
we ordered a CBI probe and said that let this court monitor it.”

The bench shot back: “The state police are incapable of investigation. Absolutely, there is no law and order left at all. In 6,000 FIRs, you have made seven arrests?”

Mehta replied that the seven arrests had been made in connection with 11 of the FIRs.

“…There is no lethargy. What is being said here will have repercussions. We all know that,” Mehta said, suggesting that media reports of the court’s observations would have a further adverse impact on the situation.

“There is no law and order left in Manipur. It’s absolutely clear that the state police are incapable of investigation or are unwilling to act. They have lost complete control of law and order,” the bench observed.

Burden on CBI

The court disapproved of the idea of the CBI being entrusted with the task of probing more than 6,500 FIRs registered by the police, saying such a task would render the central agency itself “defunct” and hinting that it may hand over some of the cases to an independent agency other than the Manipur police.

Police role

The court asked whether the DGP had taken action against the police officers who had failed to discharge their constitutional duties.

“Has the DGP cared to find out if the police personnel were booked? What has he done? What is his duty? Did they interrogate those police personnel?... It would be important in a situation where there are 6,500 FIRs. We need to see how many are serious offences like bodily harm, murder, rape, violence against women and children — that is how bifurcation needs to be done and investigation has to be fast-tracked. From May 4 to July 27, the police were not in charge of the situation. Either they were incapable or were unwilling to act. Some mechanism has to be put in place by us to sort out the 6,500 FIRs.”

“We cannot dump all these FIRs on the CBI, else we will make them defunct,” the CJI said.

Justice Pardiwala said the murder cases should be dealt with separately from the other crimes.

‘Midst of war’

Attorney-general Venkataramani interjected during the arguments to say: “We are in the midst of a war of a different dimension. There are incidents in the border areas which are deeply disturbing. We need a calibrated approach in this case. We can come back on Friday and satisfy the conscience of the court.” He suggested that the CBI probe may continue in the meantime.

The bench adjourned the matter till August 7.

FIR norms

The court directed the bifurcation of FIRs and sought details in the following format:

Date of occurrence

Date of the registration of the zero FIR (A zero FIR can be filed in any police station regardless of whether the offence was committed within its jurisdiction)

Date of registration of regular FIR

Date on which witness statements have been recorded

CrPC 164 statements recorded (such a statement is recorded by a magistrate and has evidentiary value)

Date on which arrests are made. In respect of each FIR, it shall be stated if the accused is named in the FIR.

Way forward

CJI Chandrachud orally assured senior advocate Colin Gonsalves, appearing for some of the victims: “We want to approach with absolute data. We, therefore, want full disclosure of the data. We have something in mind for the ultimate order but it is subject to us deducing the final data submitted (by the government) to us. Our approach is irrespective of who is the perpetrator and who is the victim.

“...Eventually based on the data… we may think of constituting a committee of former judges of the high court. It will be a broad-based committee. First, we will decide on the remit such as relief, compensation and rehabilitation. To ensure the investigation is fair, recording of Section 164 statements irrespective of where the victims are. Many have left Manipur.”

Bodies

When Mehta said most of the unclaimed bodies were those of infiltrators, the CJI said: “Please see that identity is established and if the families can be put in touch.”

Gonsalves complained that the bodies of 118 tribals were rotting in the morgues, their families were not being informed and they had no access to the morgues.

“They cannot be kept rotting. There needs to be data on who all have been identified. When we come on Monday, inform us how will compensation be given and which officer will finalise the quantum of compensation,” the court said.