Justice Golmei Gaiphulshillu Kabui: A Woman of Many Firsts

Prelude

On the last day of April 2021, a woman took charge as the Registrar General of the High Court of Manipur — a first in the history of Manipur’s judiciary. Two years later, the same woman would go on to make history again! On 16^th October 2023, history was made when Justice Golmei Gaiphulshillu Kabui took oath as a puisne Judge of the High Court of Manipur. Shattering the glass ceiling, Justice Gaiphulshillu became the first woman to assume the constitutional office. A woman of indomitable spirit, she remained undeterred by her short tenure. In just a year and five months, she delivered numerous significant and landmark judgments and passed orders upholding constitutional principles. After 30 years of public life as a Judicial Officer and later as a Judge of the High Court of Manipur, Justice Gaiphulshillu retired on 25^th March 2025. This piece is a tribute to a trailblazing woman in Manipur’s legal sphere.

A distinguished Judicial Officer 

In 1995, at a time when very few women served as Judicial Officers of the erstwhile Imphal Bench of the Gauhati High Court, Justice Gaiphulshillu became the first Judicial Officer from the Kabui Naga community. Her 28-year-long stint in judicial service began with postings as a Judicial Magistrate of the First Class/Civil Judge, Junior Division across the judicial districts of Manipur. In 2008, she was promoted to the rank of Chief Judicial Magistrate/Civil Judge, Senior Division, and in 2013, she became an Additional District & Sessions Judge. When the District & Sessions Court for Senapati was established in 2014, she assumed charge as its first-ever District & Sessions Judge. Two years post the establishment of the High Court of Manipur, she took charge as its first woman Registrar in 2015. She took charge as the Member Secretary of the Manipur State Legal Services Authority (MASLSA) in 2016 and was at the helm when the first wave of COVID-19 wreaked havoc. Her tryst with COVID-19 did not end there. The onset of the pandemic’s second wave coincided with her initial days as the Registrar General of the High Court of Manipur.

While serving as the Member Secretary of MASLSA, she achieved significant milestones. Despite the restrictions clamped by the pandemic, in 2020, her unwavering efforts led to the establishment of five Alternative Dispute Resolution Centres in five judicial districts of Manipur. Her most significant achievement came when the Authority was made an independent entity of the Government of Manipur thereby securing a separate sub-head in the State’s budget allocations.

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During her stint as Registrar General, the High Court of Manipur witnessed a slew of initiatives that heralded a major transformation on the administrative side. These initiatives, inter alia, included the setting up of e-Sewa Kendras in the High Court and District Courts of Manipur, the augmentation of IT infrastructure for the High Court and Subordinate Courts under the e-Courts project, and the acquisition of licensed VC software thereby transforming the virtual Court experience. A number of vacant posts in the High Court and Subordinate Courts of Manipur, including those of Judicial Officers, were filled up during her tenure as Registrar General. She also initiated the recruitment process for filling up LDAs and various Group-D posts in the District Courts of Manipur, although these posts were advertised after she demitted office as Registrar General.

Much before the establishment of the High Court of Manipur, in the 1990s, when Justice Gaiphulshillu began her journey as a Judicial Officer (JO), it is said that JOs were not provided government vehicles for commuting. As a result, JOs posted in far flung areas had to rely on public transport, such as buses. This caused a great deal of inconvenience to the JOs. Having experienced these challenges firsthand, Justice Gaiphulshillu, during her tenure as Registrar General, successfully secured funds from the State government to acquire vehicles for Judicial Officers.  

Woman of indomitable spirit

Even during the trying times, Justice Gaiphulshillu remained unfazed by the impediments laid bare before her. It was during her time as the Member Secretary of MASLSA that the COVID-19 pandemic took over the world. Manipur was no exception. Under her stewardship, MASLSA sprang into action. Face masks, hand sanitizers and other essential items were distributed to homes for the old-aged and children, newspaper hawkers and police personnel on duty. Through close coordination with State Legal Services Authorities across the country, MASLSA successfully provided assistance to Manipuris stranded in various States. As Registrar General, Justice Gaiphulshillu adeptly navigated through the second wave of the pandemic by discharging her administrative responsibilities to the fullest. 

Tenacity and grit were synonymous with Justice Gaiphulshillu. In her farewell address, she emphasized the need for women advocates to double the effort put in by their male counterparts, without excuses. This was nothing but a restatement of a core principle she had adhered to throughout her public life. On one occasion, while hearing a batch of Bail Applications, Justice Gaiphulshillu rose after 6 pm — well beyond the High Court’s usual sitting hours. In fact, she was sitting singly as the Vacation Court on that occasion. Perhaps, it might be the first time when a Vacation Bench re-assembled even after the lunch break.

A short but intense tenure

In a short span of a year and five months, Justice Gaiphulshillu made immense contributions to the development of law, especially criminal law, through her judgments. Sitting on the regular Division Bench with the Chief Justice, she authored numerous judgments and was part of benches that adopted a compassionate approach towards the Writ Petitioners over the convenience of the State. Her disposal rate was remarkably high, as evidenced by the substantial number of Bail Applications disposed of by her while sitting singly on the Criminal Roster.

Among Justice Gaiphulshillu’s many significant decisions, I have summarized four judgments authored by her that answered substantial questions of law and whose citations will continue to grow in the years to come. For want of space, I regret my inability to present certain other notable decisions (including orders) authored by her or from benches she was a part of.

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State of Manipur v. Laishram Sushil Singh, 2024 SCC OnLine Mani 579: The Full Bench of the High Court was hearing an Appeal preferred by the State against the Judgment passed by a Single Judge thereby setting aside the dismissal Order of the Writ Petitioner. Invoking Article 311(2)(c) of the Constitution, the State had dismissed the Writ Petitioner from service by dispensing with an inquiry. While the Single Judge’s conclusion was upheld, the Court did not concur with the reasons set out by the Single Judge.

Speaking for the Bench, Justice Gaiphulshillu elucidated that although the satisfaction to be arrived at by the Governor is subjective, the opinion of the Inquiry Authority should be objective and based on the materials placed before them. It was clarified that the satisfaction arrived at by the Governor should be on the basis of the relevant materials. The Court summarized six key principles to be adhered to by the Authority while exercising the power under Article 311(2)(c) of the Constitution. In conclusion, the Court did not find any material which would disclose the Governor’s subjective satisfaction as being arrived at validly and reasonably. Rather, the Full Bench found the Governor’s satisfaction to be malafide, based on wholly irrelevant and unreliable materials and extraneous or irrelevant grounds.

State of Manipur v. Lhaineikim Lhouvum @ Kikim, 2024 LiveLaw (Man) 6: In this matter, Justice Gaiphulshillu settled an important question of law pertaining to the National Investigation Agency Act, 2008. The State of Manipur had filed Petitions under Section 439(2) of the Cr.PC read with Section 482 of the Cr.PC, praying for setting aside of the Order passed by the NIA Special Court granting bail to the accused. The issue was whether such Petitions filed under the Cr.PC were maintainable in view of the provisions of the NIA Act.

A bare perusal of Section 21(1) of the NIA Act, the Court observed, shows that an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of the Special Court to the High Court on facts and law. However, the Court took note of Section 21(4) of the Act which specifically mentions that an appeal shall lie to the High Court against an Order of the Special Court granting or refusing bail. It was observed that despite being an interlocutory order, an Order of the Special Court granting or refusing bail is an appealable Order under the NIA Act. Accordingly, the Petitions were dismissed as not maintainable, with the Court holding that Petitions under Section 439(2) of the Cr.PC read with Section 482 of the Cr.PC ought to have been filed as appeals under Section 21(4) of NIA Act.

State of Manipur v. Leishangthem Chandrakeshore Singh, 2024 SCC OnLine Mani 208 & State of Manipur v. A.S. Ringam, 2024 SCC OnLine Mani 207: In these cases, the State had preferred appeals against judgments passed by the Single Judge wherein the deduction of excess payments from the pensionary benefits of the Writ Petitioners was set aside. The Single Judge had also directed the State to refund the deducted amount within a stipulated time.

Affirming the decisions of the Single Judge, the Court placed reliance on the law laid down by the Supreme Court which rendered recoveries by employers impermissible in certain situations. Speaking for the bench, Justice Gaiphulshillu held that the cases of the Writ Petitioners fell under the situations in which the recovery of excess payments was not permissible. Accordingly, the Appellants were directed to refund the deducted amounts to the Writ Petitioners within a period of two months.

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Afterword

The US had Justice O’Connor and the iconic Justice Ginsburg, the UK has Lady Hale, and our Supreme Court had Justice Beevi. To the world, with pride, we can tell the story of our own Justice Gaiphulshillu. If, someday, the High Court of Manipur or the State government sets up a State Judicial Museum, I am sure Justice Gaiphulshillu’s portrait will find a special place. Her story is an inspiration not only to women but to all who aspire to break barriers and achieve success. The packed Chief Justice’s courtroom at her Farewell Reference speaks volumes about the admiration and respect she has garnered.

To sum up, Justice Gaiphulshillu’s journey could best be described by the following lines of Maya Angelou:

“Just like moons and like suns,

With the certainty of tides,

Just like hopes springing high,

Still I’ll rise.”

(The author is an Advocate practicing in the High Court of Manipur)