Why a judicial inquiry commission is not enough for justice in Manipur

Before going into the question of whether the Zo-Kuki tribal communities will see any meaningful justice through participation in the proceedings of a judicial inquiry commission, it is essential to reflect on the structural and institutional design of this ad-hoc body and the purpose it serves in the aftermath of communal riots. Historically, central and state governments alike have often responded to communal riots by constituting “independent” judicial inquiry commissions with the purported objective of investigating the causes that led to the violence and affixing responsibility for the same. Indeed, such commissions are a standard tool in the playbook of governments to reclaim their political legitimacy, restore confidence in the idea of justice amongst those affected by the violence and demonstrate a sense of neutrality and fairness. They can (and rarely do) perform a truth-seeking role to present an honest account of the deliberate actions and wilful omissions of state agencies during communal violence — as the Justice Srikrishna Commission did for the 1992 communal riots in Mumbai. But these commissions are also known for methodically obfuscating clear facts and evidence regarding state collusion, as the Justice Vishnu Sahai Commission and the Nanavati Commission did.

A judicial inquiry commission for Manipur, like any other commission set up under the Commission of Inquiry Act, 1952, also has significant limitations in providing effective succour to victims and meting out justice for criminal wrongs committed. First, the government (either state or central) does not have a statutory obligation to publish the report of the commission or act on their recommendations. A commission is not a substitute for a criminal trial before a court of law. Moreover, such bodies have also been termed as “commissions of convenience” for requesting repeated, endless extensions in order to complete their inquiries. For example, the Nanavati Commission was granted extensions for a total of 24 times since it was first appointed in May 2002. Second, the Supreme Court has held that the report of an inquiry commission is not binding on a court of law. Accordingly, its role, as such, is limited to recommending the government implement administrative or legislative measures for effecting institutional change.

For the return of peace and normalcy in Manipur, the need of the hour is to ensure political accountability across all levels of government. This must necessarily involve the indictment through the criminal justice system of high-ranking communal actors within the state machinery. As has been widely reported, such state complicity and collusion have been seen in speech, action and omission. Reports have also emerged of police guards deployed at armouries and training centres concentrated in the Valley simply handing over arms and ammunition.

The 15 days of “peace” the home minister appealed for on June 1, 2023, for a political solution end today. The Special Investigation Team formed by the Central Bureau of Investigation has taken over the probe in six FIRs, all of which are referred to by the Manipur government. With that, any hope for accountability and justice for the Zo-Kuki tribes is inflicted with another deep cut.

The writer is an advocate based in New Delhi