"One thing is clear; the state police are incapable of investigations. It's absolutely clear they have lost control of law and order in the state...There is no law and order left in Manipur. Investigation is so lethargic. For two months, FIRS are not recorded, arrests are not made, and statements are recorded after such a lapse of time," said a bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud.
The bench asked the DGP to adduce all records relating to the date of incidents, timing of registrations of FIRs, arrests made, and the recordings of the victims' statements. "If even FIRS could not be registered for two months since May 3, this gives the impression that there was no law. Maybe it is correct that arrest could not be made because police could not enter the localities. Assuming that it was so, does it not point out there was a complete breakdown of law and order and the constitutional machinery in the state?" the bench, which also included justices JB Pardiwala and Manoj Misra, asked solicitor general (SG) Tushar Mehta.
Under Article 356 of the Constitution, breakdown of constitutional machinery is a ground to impose President's Rule in a state.
Mehta, representing the N Biren Singh government, responded that the state was still not witnessing the complete breakdown of constitutional machinery, and that there has been no lethargy after the Union government ordered a probe by the Central Bureau of Investigation (CBI) into the case related to a video of two women being stripped and paraded naked.
But the bench retorted: "People who are living in the state, if law and order machinery cannot protect them then what happens to the people?" Addressing the May 4 viral video case, where three women were stripped and at least one of them was gang-raped and her brother and father killed, the bench pointed out that the victims said in their statements that they were handed over to a frantic mob by the police.
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