Achung Gangmei vs -Versusstate Of Manipur

In this matter in Cril. Petn. No. 14 of 2019, this Court by order dated 31.07.2019 passed the order as follows :-

“28.(a)……..

(b)…………..

(c)…………

(d)……….

(e)………

(f) The Registrar General of this Court is directed to issue a Circular immediately to all the District Judges in the State of Manipur to monitor and

direct the Special Courts constituted under the POCSO Act tosubmit periodical reports, at least once in a month, in respect of cases registered under

POCSO Act pending in their Courts.

(g) After the receipt of the periodical reports from the Special Courts (POCSO Act), the Registrar General of this Court is directed to place the same

before the Hon'ble Committee to regulate and monitor the progress of the trial under POCSO Act and further orders and/or guidance of the Hon'ble

Committee.

(h) All the Special Judges In the State of Manipur designated and functioning under the POCSO Act are hereby directed to follow the decision of the

Hon'ble Supreme Court in the case of AlakhAlokSrivastava v. Union of India, cited supra, and dispose of the cases within a period of one year from

the date of taking cognizance of the offence and submit a report P a g e | 27 Cril. Petn.No. 14 of 2019 regarding disposal of the cases to the Registrar

General of this High Court.â€​

Therefore, this Court suo motu directed the Registry of this Court to list this case today for getting the report ofcompliance.

Accordingly, I am inclined to pass the following orders:

(a) the Registrar General of this Court is directed to file a compliance report in respect of the order passed in para 28 (f), (g) and (h) of the order

dated 31.07.2019;

(b) the Registrar General of this Court is also directed to obtain a report from all the Special Judges in the State of Manipur designated and functioning

under the POCSO Act about the pendency, disposal and non disposal of the cases in their respective Courts with proper reasons.

It is brought to the notice of this Court that one newspaper by name, “The Sunday Imphal Free Press†in its publication dated 13.12.2020

published an article with the heading as follows-

“Mother loses hope as justice eludes rape, murder of daughter

STEEP RISE IN CASES OF CRIME AGAINST WOMEN IN STATEâ€​

As per the above article and the reports from General Public, this Court came to know that the cases of crime against women and children in the

State are rising steeply.

The said article is also giving particulars about the steep rise of crimes against women and children in the State and the said cases are also pending

without any further investigation, filing final report or disposal of the cases.

When this Court heard the Cril Petn. No. 14 of 2019, a direction was issued to the Director General of Police to file a comprehensive report about

the pendency of cases registered under the POCSO Act.

Accordingly, the Inspector General of Police (Admn.), Manipur on behalf of the Director General of Police, Manipur has filed their report dated

25.05.2019 stating that as on date of report, there are 485 cases registered solely under the POCSO Act. Out of these cases, in 396 cases charge

sheet has been filed, 42Â cases were returned as FR, 12 cases have been transferred, and remaining 35 cases are under investigation and

chargesheet is yet to be submitted.

The said status of cases was taken till filing of the report dated 24.05.2019.

Apart from the cases registered under the POCSO Act, as per the above articles and also the latest National Crime Records Bureau (NCRB)

report it is evident that crimes against women are increasing by lakhs in the country and likewise the cases of crime against children and women are

increasing day by day in the State of Manipur.

It is reported that though the crime against women and children are increasing in the State and Fast Track Courts have been opened for the

speedy disposal of pending cases but even then, the crimes are increasing day by day.

It is also reported that the most victims in cases of crime against women and children are lost hope for getting early justice since the cases

registered in crime against women in the State are pending without any further investigation and filing final report.

It is made clear that the Courts are not mere spectators but are guardians of the public interest and the society at large to curb the crime against

women and children. Undisputedly, the Government and the Police Department are also stand on the same footing. Therefore, to achieve the needs, it

is just and necessary to create a separate Wing in the Police Department for dealing with the cases of crime against women and children in the State

of Manipur, since in India, several States and Union Territories have created separate Wings in the Police Department to deal with the crimes against

women and children.

Therefore, in the above circumstances, this Court is inclined to pass the following orders :-

(a) the Director General of Police is hereby directed to submit a comprehensive report about the registration of the cases of crime against women and

children along with the POCSO Act cases in the State of Manipur for the year of 2005 to 2020;

(b) the Chief Secretary and the Director General of Police, State of Manipur are hereby directed to make appropriate arrangements for creation of a

separate Wing in Police Department to deal with the cases in crimes against women and children in the State of Manipur, or

(c) report to this Court about the feasibility and non-feasibility of creation of separate Wing in the Police Department to deal with the cases in crime

against women and children.

To comply the above direction, the Chief Secretary and the Director General of Police, Manipur State are directed to file a report on 16.02.2021.

Registry is directed to post this matter on 16.02.2021 as 1st item for reporting compliance.

Registry is directed to issue copy of this order through their WhatsApp/E-mails to the Chief Secretary and the Director General of Police, State of

Manipur.