Furnish evidence corroborating claims: SC to Kuki body

MP, 9 Nov 2024, New Delhi: The Supreme Court on Friday directed a Kuki organisation to produce material to indicate authenticity of some leaked audio clips on the basis of which it filed a plea seeking a court-monitored SIT probe into the alleged role of the Manipur Chief Minister in the ethnic violence. 

A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra also said it has a duty as constitutional court and does not appreciate any attempt to brush things under the carpet. 

It asked advocate Prashant Bhushan, appearing for Kuki Organization for Human Rights Trust (KOHUR), to place material on record to show credibility of the audio clips. 

“Before the court can consider the submissions which have been made on the basis of an audio clip, we deem it appropriate to grant the petitioner to file before this court the material indicating the authenticity of the clips,” the bench said.
At the outset, Bhushan submitted that the recorded conversation prima facie shows the complicity and the involvement of the state machinery in violence against Kuki Zo community. He claimed the clips had “disturbing conversations” and the chief minister could be heard instigating the violence and protecting the attackers. 

He also alleged the CM not only fuelled the violence there but also allowed arms and ammunition to be looted. 

Solicitor General Tushar Mehta, appearing for the state government, strongly opposed the plea, saying the organisation should approach the Manipur High Court. He submitted that if the Apex Court entertained the matter, the “majesty of the high court would be undermined”. 

Attorney General R Venkataramani also opposed the petition and said the state government should be given leeway to restore peace. 

“We do not know the position on the ground. We have a porous border. We have materials coming from across the border. Your lordships are sitting in an ivory tower,” Mehta submitted. 

The bench took objection to this comment and said, “We are not living in an ivory tower. It is because we are not sitting in an ivory tower that we have not dismissed the petition. We are also aware of what is happening in Manipur.

We have a duty as a constitutional court. We don’t appreciate any attempt to brush things under the carpet.” 

Mehta apologised for his remark and said the term was not used in a pejorative sense. 

The Kuki organisation’s plea in top court said: “It is apparent from the aforementioned conversation that the chief minister of Manipur was instrumental in inciting, organising and thereafter centrally orchestrating the large-scale murder, destruction and other form of violence against the Kuki dominated areas in Manipur... 

Petitioner is praying for a court monitored investigation by the Special Investigation Team into leaked audio tapes clips as there is clear and strong prima facie evidence showing involvement of highest functionary i.e. CM of a state. The investigation would need to unearth the conspiracy which appears to involve the highest functionary of state,” 

The Kuki organisation said in the instant case, investigation cannot be done by any of the regular investigation agencies like CBI, ED etc. and would have to be done by a special investigative team of officers of impeccable integrity selected by this court. 

Asked about the clip during a recent interview, Chief Minister N Biren Singh had said, “Some people are after me... there is a conspiracy. The matter is sub judice. I won’t talk much about it. An FIR has been filed.” 

Over 200 people were killed and thousands rendered homeless in clashes between Meitei and Kuki communities that broke out in May last year. In another development, Manipur CM said he held discussions with the 16th Finance Commission on Friday on effective utilisation of funds provided through centrally provided schemes. 

The visiting team of the commission is led by its chairman Arvid Panagariya. “Discussions were held on the effective utilisation of the funds provided to the state through Centrally Sponsored Schemes, proposals for grant-in-aids towards development of various sectors, and execution of specific projects, etc. in order to bring an economic transformation in the state,” Singh said. Singh chaired the meeting held at the CM’s Secretariat. 

“A large part of the focus (of the meeting) was on the finances including what is expenditures in relation to the GSDP, outstanding liabilities in proportion to it,” Panagariya said. 

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