ITEM NO.13+14+15+16 COURT NO.1 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No.19206/2023

(Arising out of impugned final judgment and order dated 27-03-2023 in WP(C) No.229/2023 passed by the High Court of Manipur at Imphal)

DINGANGLUNG GANGMEI Petitioner(s)

VERSUS

MUTUM CHURAMANI MEETEI & ORS. Respondent(s)

WITH Diary No.19210/2023 (XIV)

(With IA No.96006/2023 - EXEMPTION FROM FILING AFFIDAVIT, IA No. 96004/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.96007/2023 - PERMISSION TO FILE ADDITIONAL and DOCUMENTS/FACTS/ANNEXURES and IA No.96005/2023 - PERMISSION TO FILE SLP)

W.P.(C) No.540/2023 (PIL-W)

(With IA No.103548/2023 - APPROPRIATE ORDERS/DIRECTIONS, IA No.115711/2023 - APPROPRIATE ORDERS/DIRECTIONS, IA No.100121/2023 - INTERVENTION APPLICATION, IA No.104107/2023 – INTERVENTION/ IMPLEADMENT and IA No. 104041/2023 - INTERVENTION/IMPLEADMENT) W.P.(C) No.576/2023 (PIL-W)

(With IA No.113486/2023 – CLARIFICATION/DIRECTION and IA No. 105227/2023 - GRANT OF INTERIM RELIEF)

W.P.(C) No.572/2023 (PIL-W)

(With IA No.104680/2023 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 104681/2023 - EXEMPTION FROM FILING O.T. and IA No.104131/2023 - GRANT OF INTERIM RELIEF)

W.P.(C) No.574/2023 (X)

(With IA No.104941/2023 - EXEMPTION FROM FILING O.T. and IA No. 104939/2023 - GRANT OF INTERIM RELIEF)

W.P.(Crl) No.311/2023

(With IA No.138387/2023-APPROPRIATE ORDERS/DIRECTIONS)

W.P.(Crl.) No.321/2023 Signature Not Verified

Reason:

Digitally signed by (With IA No.143696/2023-PERMISSION TO APPEAR AND ARGUE IN PERSON) CHETAN KUMAR Date: 2023.08.01 19:23:00 IST

W.P.(Crl.) No.327/2023

(With IA No.146435/2023-APPROPRIATE ORDERS/DIRECTIONS and IA No.146436/2023-APPLICATION FOR FILING THE PETITION WITHOUT DISCLOSING THE IDENTITY OF THE PETITIONER/RESPONDENT

Date : 01-08-2023 These petitions were called on for hearing today.

CORAM :

	HON'BLE THE CHIEF JUSTICE
		HON'BLE MR. JUSTICE J.B. PARDIWALA
	HON'BLE MR. JUSTICE MANOJ MISRA

For Petitioner(s)	Mr. Colin Gonsalves, Sr. Adv.
D.19206/2023,	Mr. Satya Mitra, AOR
D.19210/2023 &	Ms. Hetvi Patel, Adv.
WPC 540/2023	Ms. Alana Golmei, Adv.
	Mr. Samuel Khobung, Adv.
	Mr. Nayab Gauhar, Adv.
	Mr. Kamei Kaoliangpou, Adv.
	Ms. Joicy, Adv.
WPC 576/2023	Mr. Jaideep Gupta, Sr. Adv.
	Mr. Sapam Biswajit Meitei, Sr. Adv.
	Mr. Ahanthem Henry, Adv.
	Mr. Ahanthem Rohen Singh, Adv.
	Mr. David Ahongsangbam, Adv.
	Mr. Vivek Kumar, Adv.
	Mr. Mohan Singh, Adv.
	Ms. Rajkumari Banju, AOR
WPC 572/2023	Mr. Nizam Pasha, Adv.
	Mr. Cheryl D'Souza, Adv.
	Mr. Suroor Mandar, Adv.
	Mr. Sidharth Kaushik, Adv.
	Mr. Shivendra Pandey, Adv.
	Ms. Aayushi Mishra, Adv.
	Mr. Lzafeer Ahmad B. F., AOR
WPC 574/2023	Mr. Ranjit Kumar, Sr. Adv.
	Ms. Tomthinnganbi Koijam, Adv.

Mr. Niraj Bobby Paonam, Adv.<br>Mr. Preetam Shah, Adv.<br>Mr. Vishal Prasad, AOR
Mr. Anand Grover, Sr. Adv.<br>Ms. Astha Sharma, Adv.<br>Ms. Anju Thomas, AOR<br>Mr. Paras Nath, Adv.<br>Mr. Robin Bhatt, Adv.<br>Mr. Ripul Swati Kumari, Adv.<br>Ms. Muskan Surana, Adv.
Petitioner-in-Person
Mr. Javedur Rahman, AOR
Mr. R. Venkataramani, AG<br>Mr. Tushar Mehta, SG<br>Mr. Kanu Agrawal, Adv.<br>Mr. Shuvodeep Roy, Adv.<br>Mr. Pratyush Shrivastava, Adv.<br>Dr. N. Visakamurthy, AOR<br>Mr. Kumar Mihir, AOR<br>Mr. Pukhrambam Ramesh Kumar, AOR<br>Mr. Junior Luwang, Adv.<br>Mr. Neeraj Kumar Gupta, AOR<br>Mr. Rahul Kr. Verma, Adv.<br>Mr. Ranjeet Kumar, Adv.
Ms. Bansuri Swaraj, Adv.<br>Mr. Siddhesh Shirish Kotwal, AOR<br>Ms. Ana Upadhyay, Adv.<br>Ms. Manya Hasija, Adv.<br>Ms. Mahamaya Chatterjee, Adv.<br>Mr. Nihar Dharmadhikari, Adv.<br>Mr. Tejasvi Gupta, Adv.<br>Mr. Rahul Sharma, Adv.<br>Ms. Indira Jaising, Sr. Adv.

3

Mr. Fuzail Ahmad Ayyubi, AOR Mr. Paras Nath Singh, Adv. Mr. Ibad Mushtaq, Adv. Ms. Akanksha Rai, Adv. Mr. Rohin Bhatt, Adv. Ms. Shobha Gupta, Adv. Mr. Aditya Ranjan, AOR Ms. Bijoylashmi Das, Adv. Mr. Ankita Jain, Adv. Ms. Meenakshi Chauhan, AOR Mr. Riyanandan Nongmaithem, Adv. Mr. Elangbam Premjit Singh, Adv. Ms. Savita Devi, Adv. Mr. C.U. Singh, Sr. Adv. Ms. Vrinda Grover, Adv. Ms. Devika Tulsiani, Adv. Mr. Soutik Banerjee, Adv. Ms. Mannat Tipnis, Adv. Mr. Kunwar Aditya, Adv. Ms. Akriti Chaubey, Adv.

UPON hearing the counsel the Court made the following O R D E R

• 1 In the status report filed on behalf of the State of Manipur, it has been stated that 6,523 FIRs have been registered as on 25 July 2023. According to the status report, 150 deaths took place during this period: 59 between 3 to 5 May 2023; 28 between 27 to 29 May 2023; and 13 on 9 June 2023. 502 persons are reported to have been injured. There were 5,101 cases of arson. It has been stated that 252 persons were arrested in connections with all the FIRs, and 12,740 preventive arrests were made.
• 2 The status report contains details of the status of investigation in relation to 11 FIRs. It has been stated that on a preliminary analysis, out of the 6,523

registered cases, 11 FIRs involve cases of violence against women and children, but this is subject to further verification. The status report indicates that seven arrests have been made in connection with the 11 FIRs. Mr Jaideep Gupta, senior counsel states that apart from the above 11 FIRs, there is an additional FIR, namely, FIR No 94(5)2023.

• 3 Mr Tushar Mehta, Solicitor General submitted that he has received instructions to the effect that apart from the two FIRs which have been referred to the Central Bureau of Investigation (CBI), the State of Manipur is ready and willing to refer all the 11 FIRs to the CBI.
• 4 The material which has been disclosed before the Court is inadequate. There is no disaggregation of the 6,523 FIRs on the basis of the nature of the offences to which they pertain. The State must carry out the exercise of disaggregation and inform the Court about how many of the FIRs pertain to cases involving (i) murder and/or rape and outraging of modesty; (ii) arson and looting; (iii) destruction of house property and places of religious worship; and (v) grievous hurt.
• 5 The preliminary data which has been submitted before the Court, prima facie shows that the investigation has been tardy. There has been a considerable lapse between the occurrences and the registration of the FIRs. The recording of witness statements and arrests have been few and far between.
• 6 In order to enable the Court to appreciate the dimensions of the investigation that would be warranted, the Director General of Police of the State of Manipur shall remain personally present before this Court on 7 August 2023 at 2.00 pm and to answer the queries of the Court. The exercise of disaggregation which has been referred to above, shall be carried out in the meantime.

SLPC D.19206/2023

• 7 A tabulated statement shall be submitted before this Court, indicating on the basis of the bifurcation which has been directed above:
  • (i) The date of each occurrence;
  • (ii) The date of the registration of zero FIR, if any;
  • (iii) The date of the registration of the regular FIR;
  • (iv) The dates on which witness statements have been recorded;
  • (v) The dates on which statements under Section 164 CrPC, if any, have been recorded;
  • (vi) The dates on which the victims were medically examined;
  • (vi) The dates on which arrests, if any, have been effected; and

(viii) Whether the accused have been named in the complaint/FIR

8 List the Petitions on 7 August 2023 at 2.00 pm. Writ Petition (Criminal) No 329 of 2023 shall also be listed.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Assistant Registrar