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SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., J.B. PARDIWALA, MANOJ MISRA, JJ.
Dinganglung Gangmei – Appellant
Versus
Mutum Churamani Meetei & Ors – Respondents
Special Leave Petition (Civil) Diary No 19206 of 2023 WITH Special Leave Petition (Civil) Diary No 19210 of 2023, Writ Petition (Civil) No 540 of 2023, Writ Petition (Civil) No 576 of 2023, Writ Petition (Civil) No 572 of 2023, Writ Petition (Civil) No 574 of 2023, Writ Petition (Criminal) No 321 of 2023, Writ Petition (Criminal) No 327 of 2023, Writ Petition (Criminal) No 329 of 2023, Writ Petition (Civil) No 802 of 2023
Decided on : 07-08-2023
(A) Criminal Procedure Code, 1973 – Sections 164-A and 173 – Medical examination of victim of sexual offence – When a bodily or sexual offence is complained of, it is necessary to conduct medical examination of victim immediately after FIR is registered – Medical examination by a registered medical practitioner appropriately authorised in this regard is necessary to prove that injury was sustained – Time is especially of essence when a sexual offence is complained of – Medical examination may result in recovery of DNA of accused from clothing or body of victim / survivor – Statements under Sections 161 and 164 of Cr.P.C. must be recorded as soon as possible – Statements under Sections 161 and 164 of Cr.P.C. coupled with medical examination of victim may lead to recovery of evidence and discovery of relevant facts which will enable prosecution to correctly identify accused person(s) and arrest them – Speedy investigation is necessary to secure a just and proper outcome in a trial and to instil and maintain confidence in administration of criminal justice in our country. (Para 16)
(B) Constitution of India – Article 32 – Sectarian violence and strife in Manipur – Subjecting women to sexual crimes and violence is completely unacceptable and constitutes a grave violation of constitutional values of dignity, personal liberty and autonomy all of which are protected as core fundamental rights under Part III of Constitution – Sectarian strife has also led to large scale destruction of residential property and places of religious worship – Importance of a speedy and fair justice system should need no reiteration – Lapses in investigative process do not bode well for State of Manipur – Court must express its anguish of manner in which women have been subjected to grave acts of sexual violence in course of sectarian strife in Manipur – In this backdrop, Supreme Court is duty bound to step in while performing its plain constitutional obligation – Circumstances justify intervention of this Court in the exercise of its jurisdiction under Article 32 of Constitution. (Paras 15, 16, 17 and 18)
(C) Sectarian violence and strife in Manipur – Clashes between Kuki and Meitei Communities – Victims of violence must receive remedial measures irrespective of their community – Likewise, perpetrators of violence must be held accountable irrespective of source of violence – There are serious allegations including witness statements indicating that law-enforcing machinery has been inept in controlling violence and in certain situations, colluded with perpetrators – There is a need to ensure that violence ceases, perpetrators of violence are punished according to procedure established by law and that faith and confidence of community in justice system is restored – There is a pressing need to ensure that rule of law is restored and public confidence in investigative and prosecutorial process is sustained – Committee consisting of three former Judges of High Courts constituted to enquire into nature of violence against women that occurred in State of Manipur from 4th May 2023 and betterment of relief camps – Where sexual offences are being investigated, SITs shall follow all prescriptions in law intended to prevent re-traumatization of women including second proviso to Section 161(3) of Cr.P.C. (Paras 18, 19, 20, 21, 22, 25 and 27)
Facts of the case:
Sectarian violence and strife in Manipur. On 27 March 2023, Acting Chief Justice of High Court of Manipur issued directions in a writ petition under Article 226 of Constitution to Government of Manipur directing it to respond to a communication dated 29th May 2013 of Ministry of Tribal Affairs in Union Government by recommending inclusion of the Meitei community in Presidential List of Scheduled Tribes. Recommendation for including community in the list of Scheduled Tribes was directed to be considered expeditiously within a stipulated time frame. Besides the challenge to the direction issued by the Acting Chief Justice of High Court, a batch of writ petitions under Article 32 of Constitution was moved before this Court. In one of those petitions, apprehensions were expressed by petitioners about threats to safety. Petitioners sought directions for enhancing security in sensitive areas specifically with reference to certain vulnerable villages.
Findings of Court:
Shri Dattatray Padsalgikar and three-Judge Committee appointed by this Court shall submit reports to this Court within a period of two months, elaborating on progress which has been made. This Court shall issue further directions at that stage for the shifting of the trials outside State of Manipur, as may be required and for consequential directions.
Result : Directions issued.
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, CJI.
1. The State of Manipur has been besieged by sectarian strife since the first week of May 2023.
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[WP(C) No 229 of 2023] 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:
(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;
(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:
(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:
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