Manipur Police, other officials guilty of breach of public duty must be brought to account, says Supreme Court

Satya Prakash

New Delhi, August 11

Amid allegations of police collusion in the recent ethnic violence in Manipur, the Supreme Court has said that those responsible for breach of public duty must be brought to account, regardless of their rank and 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,” a three-judge Bench led by CJI DY Chandrachud said in its August 7 order that was released late on Thursday evening.

Noting that there were serious allegations, including witness statements indicating that the law-enforcing machinery had been inept in controlling the violence and, in certain situations, colluded with the perpetrators, the Bench said, “Those who are responsible for a breach of public duty must equally be brought to account, regardless of their rank, position, or post.”

“This is the promise of justice that the Constitution demands from this court and from all branches of the state,” said the Bench which had asked former Maharashtra DGP Dattatray Padsalgikar to oversee the probe into Manipur ethnic violence cases.

The top court asked Padsalgikar to investigate the allegations that certain police officers colluded with perpetrators of violence (including sexual violence) during the conflict in Manipur and submit a report to it in two months, elaborating on the progress made.

Expressing its anguish of the manner in which women had been subjected to grave acts of sexual violence during the sectarian strife in Manipur, the Bench said, “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…”.

The top court directed the Justice Gita Mittal-led three-member women judges’ panel to submit a report to it on the steps required to meet the needs of survivors, including measures for dealing with rape trauma, providing social, economic, and psychological support, relief and rehabilitation in a time-bound manner.

It asked the panel to file a compliance report to it in six weeks with full particulars of the case, victim/witness, compensation awarded, date of payment and the persons to whom the payment was made and thereafter updated status reports on a fortnightly basis.

Noting that “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,” it said, adding that “such visceral violence against women during conflict is nothing but an atrocity”.

The top court emphasised that “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.”

It said the sectarian strife has also led to large-scale destruction of residential property and places of religious worship, it said the victims of violence must receive remedial measures irrespective of their community and the perpetrators must be held accountable, irrespective of the source of violence.

Highlighting the need to ensure that the violence ceased; perpetrators were punished; and the faith and confidence of the community in the justice system was restored, the top court said “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.”