Rattibha

#SupremeCourt to hear at 2 PM today cases related to #ManipurViolence.
The Court has asked Manipur DGP to be personally present.
On the last hearing, a bench led by CJI DY Chandrachud had slammed police investigation as "tardy".
#SupremeCourtofIndia

AG: Have a look at the tabulated statement.
#ManipurViolence #Manipur #SupremeCourt

AG: There are certain factors working there which make it easy to bring it under immediate control.
#ManipurViolence #Manipur #SupremeCourt

AG: In terms of the order, regarding disaggregation of offences, we have to be careful. The government is handling this on a very mature level.
#ManipurViolence #Manipur #SupremeCourt

AG: Without pointing the needle of violence on anyone, there is a small suggestion...
#ManipurViolence #Manipur #SupremeCourt

AG: Broadly, on 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...
#ManipurViolence #Manipur

AG: These SITs will be supervised by DIT; DGP will also supervise...
#ManipurViolence #Manipur #SupremeCourt

AG: Today the position is still sensitive...Any externally directed investigation doesn't inspire confidence.
#ManipurViolence #Manipur #SupremeCourt

CJI: Last time you said that CBI will be investigating 11 cases. Has that number been altered?
SG Mehta: Please see this- suppose something is found out during investigation of 11...FIRs relating to rape etc- those are to be dealt with by SITs with all female officers.

SG: In the CBI team- which will be investigating this- that has two lady SP officers. CBI has officers from all across the country. We have taken that balance.
#ManipurViolence #Manipur #SupremeCourt

AG: 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.
#ManipurViolence #Manipur #SupremeCourt

Adv Vrinda Grover: The reason why there is some doubt in the investigation...in their own descriptions, please see.
#ManipurViolence #Manipur #SupremeCourt

Grover: It has all the names redacted. What I wanted to point out - all FIRs are all falling in Imphal, the police station is imphal, district is imphal. Where would the investigation be? Usually, if it is imphal, SP would have to be of that area.
#ManipurViolence #Manipur

Grover: They're no longer in Imphal. Who will be the jurisdictional magistrate? Those are issues to be decided...
#ManipurViolence #Manipur #SupremeCourt

Grover: There are two women who were beaten and were believed to be dead but then they were rushed to ICU...the injuries reported are simple injuries.
#ManipurViolence #Manipur #SupremeCourt

Grover: There is also no FIR under 166A of IPC which gives accountability to public servants for not taking action.
#ManipurViolence #Manipur #SupremeCourt

Sr Adv Indira Jaising: Two aspects of the matter are highlighted- investigation and prevention. The conflict is going on. So my case is about investigation and also prevention of crime.
#ManipurViolence #Manipur #SupremeCourt

Jaising: I'm reading from a joint submission by me, Ms Grover, Ms Shobha, and Mr Pasha.
#ManipurViolence #Manipur #SupremeCourt

Jaising: To reiterate, it is a three pronged approach- one, 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.
#ManipurViolence #Manipur #SupremeCourt

Jaising: The violence had started from 3rd May and not 4th.
#ManipurViolence #Manipur #SupremeCourt

Jaising reads the suggested mandate for the high powered committee.
#ManipurViolence #Manipur #SupremeCourt

Jaising: The commission should evolve its own procedure to hear survivors in a gender neutral manner...I don't think commissions can record evidence, please note that.
#ManipurViolence #Manipur #SupremeCourt

Jaising: The second is SIT also consisting of women with unblemished records...c) Investigation should be court monitored by regular reports.
#ManipurViolence #Manipur #SupremeCourt

Jaising: They have a right to know the status of their cases. Registration of FIRs, whether they have been lodged or not, should be known.
#ManipurViolence #Manipur #SupremeCourt

Jaising: During the Nirbhaya incident, it was found out that police wasn't doing its duty. So by 2012 amendment, 166A was introduced in IPC. 166A says that police officers who do not perform their duties be punished. We're asking for this section to be invoked.
#Manipur

Jaising: I am pointing a judgement of this court which says you may admit videos as evidence...this is a case which arose from Bombay...
#ManipurViolence #Manipur #SupremeCourt

Jaising: Please see this- Whether a video recording constitutes evidence under the Indian evidence act?
#ManipurViolence #Manipur #SupremeCourt

CJI: What we will do is this...anyone else wants to say anything?
#ManipurViolence #Manipur #SupremeCourt

Jaising: Just one second - it's an issue of some moment.
#ManipurViolence #Manipur #SupremeCourt

Jaising: I would like to address you on the preventive aspect. It's as important as what has gone...This question arose in the context of lynchings taking across the country...in a judgment reported in 2018 9 SCC pg 501...
#ManipurViolence #Manipur #SupremeCourt

Jaising: This court has dealt with similar issues before. It was in the context of lynchings across country and this court was called for preventive measures. Please see.
#ManipurViolence #Manipur #SupremeCourt

Jaising: "Nodal officers...to prevent mob violence," it is a system of very intense monitoring by state where every district shall have a nodal officer who has to give periodic reports to executive...
#ManipurViolence #Manipur #SupremeCourt

Jaising: This court threw attention to the provisions of the constitution and duty of state and centre.
#ManipurViolence #Manipur #SupremeCourt

Jaising: I am requesting for directions- the centre directs the state to put in place a system. There is an obligation cast on centre also to ensure that all states enact parliamentary laws in true spirit.
#ManipurViolence #Manipur #SupremeCourt

Jaising: One more thing - the question of dead bodies...
CJI: We're aware.
AG: There are too many interventions which prevent them from taking the dead bodies. An artificial situation is created to show unwillingness of govt.
#ManipurViolence #Manipur #SupremeCourt

AG: It is a very complicated situation.
Grover: I want my son's body...
SG: The DG tells me that he has numbers of nodal officers who will give the dead bodies. If there is any difficulty, we're here.
#ManipurViolence #Manipur #SupremeCourt

Counsel: The committee shall enquire and it should be headed by a retired hon'ble judge of this court.
#ManipurViolence #Manipur #SupremeCourt

Counsel: The police department is the number one department which flouts the directions of this court.
#ManipurViolence #Manipur #SupremeCourt

Adv Nizam Pasha: The updated list has 16 cases now (for cases to be investigated by CBI).
SG: That's the list they gave but what we have ascertained is 11.
Pasha: First 11 are those given earlier, 12-16 are FIRs I handed over, last one seems to be inadvertently left out.

SG: We have checked up, there are 11. But if there are more, we stand corrected. But this is an old list.
Pasha: No, this is updated. The names are redacted. The SG's office gave...
SG: My office never gives, your friend gave...
#ManipurViolence #Manipur #SupremeCourt

Pasha: They're calling it an SIT but it is selected by state...The allegations are against the state police- ranging from active participation to perpetration. The concern of selection doesn't get elevated if the selection is by state cadre. Selection should be by court.

Pasha: For public prosecutors, it should be law officers from other states.
SG: That would ensure that trial never ends.
Pasha: Not just a lack of trust but as per record there is also a selection bias and speed of progress bias for a certain section.
#ManipurViolence

Pasha: For dead bodies- people who are relatives do not have the courage to go to Imphal right now. The law and order situation...
SG Mehta: Don't say that.
Pasha: It is the perception. One submission is that these bodies could be transferred to a hill district.

AG: Please do not create a situation beyond your control.
Pasha: An online identifying facility for mortuaries may be created...
#ManipurViolence #Manipur #SupremeCourt

Adv Prashant Bhushan: One issue is the looting of ammunition from state administration. The allegation is that they were allowed to be looted. This is a very serious allegation because arms resulted in violence to get worse...
#ManipurViolence #Manipur #SupremeCourt

Bhushan: It should be investigated whether the state coalesced...
SG: That is being investigated.
#ManipurViolence #Manipur #SupremeCourt

Sr Adv Colin Gonsalves: When a riot takes place, we should identify the core ring leaders- they're 10-20, but well connected. Some part of the investigation should focus on the core persons who created and executed this conspiracy. And this is well known.
#ManipurViolence

Gonsalves: Once these core 10-20 people are punished, the further assaults will stop. They think they cannot be touched- so they make hate speeches etc. And now we have Justice Joseph's judgement on hate speech too...
#ManipurViolence #Manipur #SupremeCourt

AG: I'm not negating any submissions but certainly these submissions are being idealised.
#ManipurViolence #Manipur #SupremeCourt

Senior Adv Ranjit Kumar seeks to make submissions on his application
SG: There was some accord between the then govt and militants. That was an accord in 2008. This is some association of lawyers from Karkadooma saying this about Manipur.
#ManipurViolence #Manipur

CJI: This is unrelated to the present issue. We'll deal with this later.
#ManipurViolence #Manipur #SupremeCourt

AG: Let's go stage by stage and not go for a quantum jump.
#ManipurViolence #Manipur #SupremeCourt

Sr Adv Maninder Singh: There are militant groups across borders...it is not one community but all are affected. These foreign militants have automate rifles. The basic issue is poppy cultivation which funds them..they can just go over and come back from border
#ManipurViolence

Sr Adv Sanjay Hegde: There are two very specific choke points where there are blockages. One is on NH2 and one is Jiribam. Through the neutral agency of UOI, these two choke points are released, a lot of tension will go down.

Counsel: No news is good news for Manipur. Today we are in the limelight for wrong reasons. I request your lordships to control what is going on in Manipur.
#ManipurViolence #Manipur #SupremeCourt

Counsel: I am not objecting to interventions. But, we citizens sitting in ac rooms in delhi, we don't know the reality of situation. I request all advocates to come to Manipur and stay there a night. Then they'll know ground reality.
#ManipurViolence #Manipur #SupremeCourt

Counsel: We are all suffering. I have experienced myself, I'm coming from there. Everything is so costly to survive...even forget about persons saying in camps...just something saying in court isn't right. We want them to come there and see. Your lordships can send someone.

SG: They should at least not block down the roads.
#ManipurViolence #Manipur #SupremeCourt

Counsel: So many time we suffer - anything happens they block the highways. Common people like me have to pay extra charges. MRP is 10 rs but we have to pay 15 rs because they have protection fees.
#ManipurViolence #Manipur #SupremeCourt

Sr Adv Gopal Sankarnarayan: 5 lakh rounds of ammunition is a huge number. Some action against that has to be taken.
#ManipurViolence #Manipur #SupremeCourt

SG Mehta: The highest priority is on that. There are reasons we're not mentioning here. We have heard what is the real problem from Mr Singh also- from across the borders etc etc. Let that be dealt with first.
#ManipurViolence #Manipur #SupremeCourt

CJI: We will dictate the order in the evening.
#ManipurViolence #Manipur #SupremeCourt

CJI: Mr AG what we will do probably.Our efforts are to restore a sense of confidence in rule of law. We will constitute at one level a committee of 3 former HC judges. This committee will be looking at things apart from investigation - including relief, remedial measures etc.

CJI: On investigation, there are 16 FIRs to be transferred to CBI- maybe 11,12 doesn't matter. We have transferred to CBI. We're not gonna supplant CBI. At the same time, for there to be faith, we're not casting any aspersions on CBI otherwise we would have transferred -

CJI: There will be 5 officers of atleast the rank of DySP, brought into the CBI from various states. These officers will also be functioning within the four corners of infrastructure and administrative structure of CBI.
#ManipurViolence #Manipur #SupremeCourt

CJI: We're going to add one more later of scrutiny. I've already identified officers- we have identified a former IPS officer who has wide experience in investigation- this is not an SIT but an additional oversight to report back to us.
#ManipurViolence #Manipur #SupremeCourt

CJI: There will be 42 SITs looking at cases which have not been transferred to CBI.
#ManipurViolence #Manipur #SupremeCourt

CJI: These SITs should be supervised by DIG ranked officers from outside Manipur. Each officer will monitor 6 SITs to see that investigation is going correctly.
#ManipurViolence #Manipur #SupremeCourt

SG: By way of a clarification, when we talk about CBI, CBI has no permanent... they're all on deputation so all will be on deputation only.
#ManipurViolence #Manipur #SupremeCourt

CJI: The three members of the committee will be- Justice Gita Mittal (former CJ of J&K HC), Justice Shalini Joshi, Justice Asha Menon. And the IPS officer will be
Mr Dattatray Padsalgikar. He's a highly decorated officer- was in NIA too, went to nagaland as well.

SG: One thing may be clarified- my learned friend carelessly said "no officers from the state"...No aspersions may be casted on police.
CJI: We don't want to cast any aspersions on any officer. It may be premature for us today to direct shifting of trial.

Jaising: Your lordships may say that this investigation is being monitored by the Supreme Court. That's a very normal formula adopted.
#ManipurViolence #Manipur #SupremeCourt

CJI: Adequate security may be granted to the three women judges in the committee.
SG: Yes my lords, will take care.
#ManipurViolence #Manipur #SupremeCourt

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