SC directs trial of CBI cases on Manipur violence in Guwahati

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

PTI & Agencies, New Delhi, Aug 25, 2023: The Supreme Court on Friday said the trial in the Manipur violence cases being probed by the CBI will take place in neighbouring Assam and asked the Chief Justice of the Gauhati High Court to nominate one or more judicial officers to deal with the matters. 

Passing a slew of directions, a bench headed by Chief Justice D Y Chandrachud said judicial procedures related to production of accused, remand, judicial custody and its extension will be conducted online at a designated court in Gauhati. Judicial custody of the accused, if and when granted, will be done in Manipur to obviate transit, it said. 

The bench also permitted persons, including victims, witnesses and others related to CBI cases, to appear physically before the designated Gauhati court if they don't want to appear online. It directed the Manipur government to provide proper internet services to facilitate hearing in CBI cases through online mode at the Gauhati court. 

On August 21, the top court had appointed the Justice Gita Mittal committee to oversee relief and rehabilitation of the victims of ethnic violence in Manipur. Over 10 cases, including the one related to sexual assault of two women whose video had gone viral on social media, were transferred to the CBI. 

Noting that many Manipur residents may have lost their identity documents in the ethnic strife, the Supreme Court-appointed panel has urged the top court to pass a slew of directions to the state government and others, including the UIDAI, to ensure Aadhaar cards are made available to those displaced and the victims' compensation scheme is broadened. 

The panel had submitted three reports highlighting the need for reconstruction of identity documents, upgradation of compensation and appointment of domain experts to facilitate its functioning. 

More than 160 people have been killed and several hundred injured since ethnic violence first broke out in the state on May 3 when a 'Tribal Solidarity March' was organised in the hill districts to protest against the majority Meitei community's demand for Scheduled Tribe status.

The Supreme Court on Friday transferred the Manipur violence cases with the Central Bureau of Investigation (CBI) to Assam and asked the Gauhati High Court's Chief Justice to nominate judges for the trials. 

The SC bench headed by Chief Justice of India DY Chandrachud also said the accused would be produced in Assam's courts virtually. 

The Supreme Court order comes after the Centre transferred a total of 17 cases to the CBI and asked the SC to transfer the trials out of Manipur. Last month, the Centre informed the SC that it seeks the completion of the trial within six months of the filing of the charge sheet. 

"The central government, therefore, makes a specific request that the entire case, including trial of the offence in question, be ordered to be transferred by this court to any state outside the state of Manipur. The power to transfer the case/trial outside any state is only with this court and, therefore, the central government is making this request to this court to pass such an order with a further direction to conclude the trial within a period of six months from the date of the filing of charge sheet by the CBI," said the Centre in an affidavit to the Supreme Court at the time, as per PTI.

Initially at the time, only the case related to the naked parade and sexual assault of two tribal women by a mob was handed to the CBI but the number subsequently increased to 17 this month. The CBI has deployed a team of 53 officer comprising three Deputy Inspectors General (DIGs).

While the cases will be tried in Assam, the SC said judicial custody of the accused, if and when granted, will be done in Manipur to obviate transit, reported PTI. 

Moreover, the statements of witnesses can be recorded in Manipur and the High Court Chief Justice would appoint magistrates for the purpose.

"Section 164 CrPC statements are permitted to be recorded in presence of local magistrate in Manipur, or as the case may be, where witnesses reside outside Manipur. Acting CJ of Manipur HC shall designate one or more magistrates for this purpose. Test identification parade (TIP) are permitted to take place in presence of local magistrate nominated by Acting CJ," said Chandrachud, as per Live Law.

The SC also permitted persons, including victims, witnesses and others related to CBI cases, to appear physically before the designated Gauhati court if they don't want to appear online, reported PTI, adding that it also directed the Manipur government to provide proper internet services to facilitate hearing in CBI cases through online mode at the Gauhati court.

Manipur has been in the grips of ethnic violence since May 3 when clashes erupted between the state's Meitei and tribal populations. Over 160 have been killed and around 60,000 were earlier reported to have been displaced. Houses, places of worship, government buildings, and political establishments have come under repeated attacks. The violence erupted after a tribal rally against the proposed scheduled tribe (ST) status to the Meitis.