Supreme Court of India
Credit: PTI Photo
The Supreme Court on Friday transferred all cases of Manipur violence, including the one related to sexual assault and the naked parading of two women, being investigated by the CBI to Assam, while emphasising at the need for ensuring “a fair process” of criminal justice administration.
A bench of Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra asked the Chief Justice of the Gauhati High Court to designate one or more courts to handle the cases transferred to the CBI.
The bench said it was passing the order for the present, bearing in mind the overall environment in Manipur and in view of ensuring fair process as both the sides have suffered in violence.
The court also issued a series of directions to facilitate victims to give their statements from Manipur, through video conference.
It allowed the CBI to file applications for extension of custody, remand, issuance of warrant etc. virtually before these designated courts.
The top court noted that both sides have been hurt in the violence and it will pass orders fair to both sides.
The bench also made it clear that both victims and witnesses will be at liberty to give evidence virtually from Manipur, rather than travelling to Assam.
Solicitor General Tushar Mehta informed the apex court that the situation is returning to normal in Manipur and proper internet facilities shall be provided in the state to allow such video conference.
Senior advocate Indira Jaising questioned why Assam has been chosen for the conduct of the trial. Mehta said that internet connectivity is relatively better in Assam and also because of “maximum connectivity” in the state.
The apex court clarified that its order would not prevent those who wished to go to Guwahati in Assam, to appear there physically to participate in the proceedings.
The apex court said the Chief Justice of the Gauhati High Court can nominate one or more officers above the rank of Judicial Magistrate First Class and sessions judge to deal with such trial cases.
The bench said the test identification parades can be conducted through video conferencing in the presence of a Manipur-based magistrate, and the applications for search and arrest warrants will be issued by the investigating officer through the online mode.
The apex court also considered concerns raised by senior advocate Colin Gonsalves and advocate Vrinda Grover claiming that the victims of the violence should not be made to travel to Assam for the trial.
"So you want the statements to be recorded in Manipur and not in Assam or wherever the victims are. The Chief Justice of Gauhati High Court will take care and the entire process will be done virtually. We will not ask the survivor to travel to Assam," the bench said.
On August 7, the Supreme Court had constituted a panel of three retired High Court judges to consider diverse aspects of humanitarian nature, including measures for relief in strife-hit Manipur.