Manipur HC takes AI help to deliver landmark verdict

Guwahati: The Manipur high court set a remarkable instance on Thursday by using AI (artificial intelligence) chatbot, ChatGPT, and Google to do research after the govt failed to furnish the court with the requisite information pertaining to the service rules of village defence force (VDF) personnel.

The court delivered a pivotal verdict reinstating a VDF personnel, Md Zakir Hussain, who was disengaged from duty after serving for six years by Thoubal district superintendent of police on January 2, 2021, on the alleged ground of “dereliction of duty”.

In 2023, the Punjab and Haryana high court for the first time in the country, sought assistance from ChatGPT while deciding a bail for a person accused in a murder case.

Justice Sharma stated in his order that on December 5, 2023, the court directed govt an advocate to explain the procedures for disengagement of VDF personnel. “However, in the counter-affidavit dated February 23, 2024, filed by respondent No-3 (superintendent of police, Thoubal), nothing is mentioned in this regard. In the circumstances, this court is compelled to do extra research through Google and ChatGPT 3.5,” the single-judge bench of Justice A Guneshwar Sharma wrote in his order.

The court in its research using the AI tools came across an office memorandum issued by the state home department on October 18, 2022, that laid down the service conditions of VDF.

Justice Sharma noted in his order that the office memorandum stipulates that “a showcause notice to explain the charges against a VDF personnel be given mandatorily and an appeal lies to DIG from any adverse order passed by the SP against a VDF personnel. However, this office memorandum is not mentioned in the counter-affidavit of the respondent in spite of the specific direction of this court in an order dated December 5, 2023.”

'Petitioner entitled to 50% of back honorarium'
The judge added that "the petitioner was awarded a major penalty of removal from service without any showcause and inquiry and ruled that the disengagement order passed by the Thoubal SP "is in violation of the principles of natural justice" and reinstated the petitioner as a VDF personnel in Thoubal with immediate effect.

The court ordered that period of disengagement will be treated as in service and the petitioner will be entitled to 50% of back honorarium and allowances as admissible.

The court also gave the state respondents the "liberty to conduct an inquiry in terms of the office memorandum dated October 18, 2022, against the petitioner for the alleged dereliction of duty, if so advised, within a period of three months from the date receipt of a copy of this order, failing which the same shall stand abated".

Hussain in his petition said he was disengaged from being a member of VDF without an opportunity of being heard and any inquiry on the allegation of dereliction of duty upon the escape of an accused from police custody.

Justice Sharma in his verdict stated that an opportunity to be heard ought to be provided to an employee before removing him from service and "in the present case, no such opportunity was given to the petitioner before issuing his disengagement order from being a VDF".

In a counter-affidavit, Thoubal SP submitted that on January 8, 2021, an inquiry report was submitted by the SDPO "wherein it is stated that the petitioner who was on sentry duty had committed negligence and dereliction of duty while on sentry".

"Initiated under Manipur Police, the VDF consists of volunteers from the local communities who are trained and equipped to guard their villages against various threats, including insurgent activities and ethnic violence. After completing the training successfully and passing any required assessments, the candidates are appointed as VDF members. VDFs are assigned duty along with the police force. However, there is no material on record regarding the service conditions of VDF personnel," the court noted

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