Manipur sexual violence case: Supreme Court tells CBI, trial court to ensure two victim-witnesses depose
New Delhi, October 5: The Supreme Court on Monday directed the Central Bureau of Investigation (CBI) and the trial court to ensure that two key victim-witnesses in the Manipur sexual violence case appear and are examined without delay.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing the CBI's pleas to cancel the bail granted to two accused. The bench said the trial must move expeditiously and asked the agency to make sure the witnesses are present on the dates fixed by the trial court.
Additional Solicitor General D P Singh, appearing for the CBI, argued that the accused being out on bail could affect the witnesses' willingness to testify. Describing the allegations, he said the victims were sexually assaulted in the worst possible manner, then paraded and video-recorded. The trial, he noted, has already begun. In cases of this nature, he submitted, nobody will depose if the accused are free.
Senior advocate Shadan Farasat, appearing for one of the accused, countered that the CBI had failed to conduct the trial at the required pace. He said the case involves around 30 witnesses and is at its second stage.
Justice Bagchi asked why the victims had not been available for examination. Advocate Nizam Pasha, appearing for the victim-complainant, told the court that the previous hearing date fell on a public holiday and the centres where the victims were to depose were shut. The court was also told that one of the victims was suffering from dengue.
The CJI observed that victims could not be expected to appear if a hearing was fixed on a public holiday. He directed the authorities to ensure at least one of the two witnesses appears on the next date.
On the CBI's concern about intimidation, the CJI said protecting witnesses was the authorities' responsibility. "It's your obligation... witness protection," he said. He added that if any accused was found misusing the concession of bail, the court would not hesitate to examine the matter. The bench indicated it would be better to take up the bail question after the two witnesses have been examined.
In its order, the court directed the CBI to produce the two victim-witnesses before the trial court on the fixed dates of October 7, 9 and 28, and to ensure their statements are recorded. The trial court was directed to comply, and all parties were asked to cooperate fully.
The hearing is part of the Supreme Court's continuing monitoring of cases arising from the Manipur violence. On September 17, the same bench had expressed shock over scores of deaths in relief camps for internally displaced persons. It had asked the Manipur chief secretary to report on steps taken to investigate the deaths, begin criminal proceedings and ensure the safety of camp residents. The court had also asked the Manipur and Assam governments and others to consider setting up two special trial courts to exclusively hear CBI and National Investigation Agency cases from the 2023 violence.
Ethnic violence broke out in Manipur on May 3, 2023, following a tribal solidarity march in the hill districts against the majority Meitei community's demand for Scheduled Tribe status. Hundreds have been killed, several hundred injured and thousands displaced.
with inputs from PTI
