Manipur: SC calls for SIT to probe rape charge against soldiers

Attorney General Mukul Rohatgi, who has been defending the Army in a batch of matters relating to 1,528 cases of alleged fake encounters in Manipur in the last 20 years, was requested to adduce the names on Wednesday.

Written by Utkarsh Anand | New Delhi | Published:April 19, 2017 4:17 am
supreme court, supreme court case, judges appointment, judiciary, indian judiciary, judiciary appointment, j s khehar, sc collegium, supreme court collegium, pending case, pending files, appointment pending, indian express news, india news The Supreme Court. (File Photo)

QUESTIONING WHETHER some men in uniform are alleged rapists, the Supreme Court on Tuesday decided to set up a special investigation team (SIT) to probe three cases, including one in which armed forces personnel allegedly raped a teenager in Manipur, which is under the control of the Armed Forces Special Powers Act (AFSPA).

A bench of Justices Madan B Lokur and Uday U Lalit asked the Centre to furnish names of five DIG-level officers of the CBI or officers of the rank of Additional Director General of Police for constituting the SIT.

Attorney General Mukul Rohatgi, who has been defending the Army in a batch of matters relating to 1,528 cases of alleged fake encounters in Manipur in the last 20 years, was requested to adduce the names on Wednesday.

On Wednesday, the bench will also consider a few names for SIT members to be suggested by the state government and counsel for the petitioner, Extra Judicial Execution Victims Families Association.

All three cases taken up for investigation by the court pertain to alleged atrocities by the Army and the Assam Rifles. In the first case, a 13-year-old girl was allegedly raped by two soldiers on October 4, 2003. The victim reportedly committed suicide a few hours later.

The other two cases relate to alleged custodial torture and killing of Manipuri village girl T Manorama and L D Rengtuiwan in 2004.

The bench went through the reports of the court of inquiry conducted by the Army and reports of the commission of inquiry carried out by the Manipur government. It noted that the state government was merely expressing its “helplessness” in proceeding with the cases on the pretext that Army and paramilitary personnel were involved, whereas the Army’s court of inquiry had accorded a clean chit to its men.

“Is there a tacit understanding between you (the state) and them (the Army) that you won’t enter their area to conduct any sort of probe,” the bench asked. “Here is a 13-year-old girl who worked in a rubber farm. There was no allegation that she was an insurgent. Two people come and rape her. She narrates her ordeal to her mother and a sister and then commits suicide. Have you (state government) decided that let Army come and rape anyone, what can we do?”

The court told A-G Rohatgi: “You may have alleged rapists in the Army…. Do you have people in Army who rape? It is an alleged gangrape in uniform — an aggravated form of crime.” The bench then summoned the Army’s court of inquiry report to examine how the incident was dealt with and the manner of probe they conducted.

When the bench perused this report, it regretted that the Army’s court of inquiry had more questions unanswered and failed to explain why the victim’s mother and sister were not examined, even though the dying declaration was given to them. “We are settled that this requires further investigation. Time-line is not an issue…. Bangladesh is still conducting prosecution and sentencing accused for the 1971 war crimes (by Pakistani army). All these cases are around 15 years old. They will be investigated further,” the bench maintained.

The court then asked Rohatgi and lawyer for the Manipur group, to give the names of senior officers for the SIT on Wednesday.

By a judgment in 2016, the bench had decided to probe 1,528 cases of alleged fake encounters by security forces.

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  1. A
    Abhishek
    Apr 20, 2017 at 4:30 pm
    Now every terrorist has only to cry out that he or she was sodomised and raped and they will go free even if they now down a few hundred people with bombs and guns.
    Reply
    1. R
      Raju Baruah
      Apr 21, 2017 at 5:48 pm
      If your mother cries rape by Army jawans some day, you will all say she is crying rape coz she is anti-national and a agent. Will that be alright?
      Reply
      1. R
        Raj
        Apr 23, 2017 at 1:24 am
        It's because of people having Thoughts like you @Abhishek , India will disintegrate someday, mark it
        Reply
      2. P
        Prasenjit Biswas
        Apr 20, 2017 at 8:08 am
        Defending the indefensible- so very patriotic men in uniform has no control on such erring officers. Previous Manorama Judgment by SC also established that. The story of human shield i Kashmir also shows why Army should not at all be called in to diffuse internal strife. The foreign elements theory and the need for internal security need to be balanced by initiating dialogues with rebels, just as the Modi government did with NSCN(I-M) and ULFA . Let the truth about attacks on army be also out in the public domain in great details.
        Reply
      3. I
        Indian
        Apr 19, 2017 at 10:37 pm
        I really appreciate the move of SC. Army does not consist only holy men but there are black sheep amongst them.Perpetrators and rapist even in uniform services should be brought to justice. The power given by AFSPA are being misused by some miscrients in the army.
        Reply
        1. இளங்கோ
          Apr 19, 2017 at 12:35 pm
          Anti National SC
          Reply
          1. D
            dhruv
            Apr 19, 2017 at 11:46 am
            Good move. Though army in it's character of defending the country is respectable, there are lots of people who commits crimes in the garb of uniform. There are even instances of Indian army men commiting robbery in am. These perpetrators should be punished for their wrongdoings. All the buffoons screaming army is above everything are from places where army doesn't have a presence in everyday lives. But when it comes to the hinterlands of the country like Manipur and Kashmir, people know that army has both good and bad sides.
            Reply
            1. M
              Murli Mohan
              Apr 19, 2017 at 10:12 am
              Our Supreme Court continues to surprise us. On one hand they take brave & fair decisions like this but on another hand, they let a terrorist aide like Sunjay Dutt get away with a minimum sentence. Courts have to be consistently fair, irrespective of religion, race, state or colour.
              Reply
              1. R
                Raju Baruah
                Apr 19, 2017 at 11:16 am
                Will you say the same if your sister or daughter or wife was raped by Army jawans?
                Reply
                1. இளங்கோ
                  Apr 19, 2017 at 12:37 pm
                  Raju Baruha... Murali Mohan welcomed the decision by the SC. He didn't oppose it. Read carefully dear.
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