CBI to probe Manipur video horror: When and how the agency investigates matters

It’s been almost 10 days since the horrific video of two women being paraded naked by a mob in Manipur surfaced on social media, shaking the conscience of India. Since then, there have been a number of protests carried out to condemn the violence being mete out to women in the northeastern state, the Parliament has seen fiery agitations and demonstrations demanding a statement from Prime Minister Narendra Modi and seven arrests in the matter.

On Thursday, the Union Home Ministry also referred the case of the two Kuki women being stripped and paraded to the Central Bureau of Investigation (CBI) and also urged the Supreme Court to transfer the trial outside Manipur in the case for conclusion of the trial in a time-bound manner.

Also read: What video of women being paraded naked tells us about violence in Manipur

The move comes after the apex court had taken note of the “deeply disturbing” incident, saying the use of women as instruments for perpetrating violence was “simply unacceptable in a constitutional democracy”. A bench headed by Chief Justice DY Chandrachud had directed the Centre and Manipur government to take immediate steps and apprise it of the action taken.

As the CBI is called in, let’s take a better look at how the agency investigates and when they are called in.

What is the CBI?

Before delving into the process of the agency’s investigation process, here’s a quick understanding of what is the CBI and its history. Known as the premier investigating agency of India, it finds its origins in the Special Police Establishment (SPE) that was established in 1941.

The SPE was established to investigate bribery and corruption in transactions with the War and Supply Department of India. In 1942, its ambit was extended to the Railways and in the consequent years, its scope was expanded to cover all departments of the government.

A growing need was felt for a central police agency that could investigate not only cases of bribery and corruption, but also violations of central fiscal laws, major frauds relating to Government of India departments, public joint-stock companies, passport frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organised gangs and professional criminals. Therefore, the Government of India set up the Central Bureau of Investigation by a resolution on 1 April 1963.

Today, the CBI is an elite force playing a major role in preservation of values in public life and in ensuring the health of the national economy. It is also the nodal police agency in India, which coordinates investigation on behalf of Interpol Member countries.

How does the CBI take up cases?

Unlike the National Investigation Agency (NIA), the CBI cannot take suo moto cognisance of a case – be it a matter of corruption or an incident of crime. In corruption cases involving central government staff, it requires the general consent of the state. Presently, 10 states across India – Tamil Nadu, Mizoram, West Bengal, Chattisgarh, Rajasthan, Kerala, Jharkhand, Telangana, Meghalaya, and Punjab have withdrawn general consent to the agency.

In other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same. In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.

Earlier in February, the apex court had even stated that the power to transfer an investigation to the CBI must be used sparingly and only in exceptional circumstances. “It is to be used very sparingly and in an exceptional circumstance where the court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialised investigating agency which has the expertise,” a bench of justices A S Bopanna and A Amanullah had said.

Can the CBI refuse a case?

When a state requests for a CBI probe, the Centre seeks the opinion of the agency. If the CBI feels that it is not worth their time or it isn’t worthwhile to expend resources on a game, they can decline a matter. In fact, the CBI in 2015 had told the Supreme Court that they would not take on any more Vyapam cases because it did not have enough staff to investigate them.

A CBI officer told Indian Express that there are around 10 per cent cases where the Centre directs the agency to probe a matter if it suits the ruling dispensation to do so. The Manipur incident is a prime example of this.

What next in Manipur?

The CBI’s investigation into the video isn’t the only case the agency is probing. In June, the Home Ministry had asked the agency to take over investigation of six cases in connection with ethnic clashes between Meitei and Kuki communities in Manipur. This action had come following Home Minister Amit Shah’s visit to the violence-hit northeastern state.

Since 3 May when the clashes first broke out, the state has seen close to 150 deaths and burning down of about 4,500 houses. Moreover, close to 57,000 people – both Meities and Kukis — are living in 361 relief camps across the state.

It was only on 25 July that the Manipur government lifted the internet ban conditionally, only allowing broadband service while keeping the ban on mobile internet.

Notably, members of the Opposition alliance, INDIA, is all set to visit the burning state on 29 and 30 July. Congress whip in Lok Sabha, Manickam Tagore said that a delegation of 20 Opposition MPs will visit Manipur this weekend.

Reports said Kanimozhi Karunanidhi, Gaurav Gogoi, Premachandran, and Vandana Chavan will be among the 20 MPs visiting the state.

With inputs from agencies