By Ritika Jain
Supreme Court on Monday constituted a three-member all-women judicial committee headed by ex-Jammu and Kashmir High Court Chief Justice Gita Mittal which will have a “wide remit” and largely look into “diverse aspects of a humanitarian nature”. The top court's decision comes three months after ethnic clashes began in Manipur.
The committee will also comprise ex-judges Shalini Joshi (Bombay High Court) and Asha Menon (Delhi High Court).
Apart from overseeing the ongoing probes, the all-women judicial committee will primarily consider and suggest remedial measures, compensation, and rehabilitation among other issues. The Supreme Court clarified that the committee would not “supplant” the CBI.
“This move is consistent with our mission to ensure faith and objectivity in the rule of law... We are not casting aspersion on CBI, or else we would have transferred the investigation,” the bench led by Chief Justice of India DY Chandrachud said.
Additionally, Deputy National Security Advisor Dattatrey Padsalgikar will monitor the Central Bureau of Investigation and Manipur Police probe into the Manipur violence. Padsalgikar—ex-Mumbai top cop and ex-Maharashtra DGP—will be the liaison between the probe authorities and the Supreme Court on this issue.
The judicial committee and Padsalgikar will both submit separate reports for the top court’s consideration.
Proposing a series of directions, the top court refused to transfer the trial in the cases pertaining to the violence outside the State of Manipur. However, in a bit to restore faith in the state police and yet bring in a measure of impartiality, the apex court suggested certain alternatives.
“We propose that there shall be five officers of rank at least Deputy SP who will be deputed to the CBI from various states to oversee the investigation into the FIRs. We will ask Director General of Police (DGPs) from Hindi-speaking states to suggest officers,” the bench said. “These officers will also function within four corners of the administrative setup of the CBI and will be supervised by the joint director of CBI,” the Supreme Court said.
Apart from this, the bench said five officers will be temporarily inducted into the State Police such that each of the proposed Special Investigation Teams (SITs) will have at least one out-of-state officer.
“There will be about 42 SITs which will look at cases not transferred to CBI. One inspector from that state will also be brought in by MHA in those 42 SITs so that one officer outside the State is there in each of those cases. These 42 SITs should be supervised by six DIG rank officers from outside the State of Manipur... each officer will oversee six (or seven) SITs,” the bench added.
The top court’s directions came on its suo motu case in the aftermath of a viral video that shows two women from the Kuki-Zomi community who were paraded naked and sexually assaulted by a mob in Manipur. Later on, the two women also approached the top court seeking relief.
