The Supreme Court on Monday directed the Central Bureau of Investigation and the trial court to ensure that two key victim-witnesses in the Manipur sexual violence case appear and are examined on the dates fixed for their testimony.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said the trial should proceed expeditiously and ordered the CBI to secure the presence of the two witnesses before the trial court on October 7, 9 and 28.
The directions came while the court was hearing CBI pleas seeking cancellation of bail granted to two accused in the case.
The bench indicated that the question of bail could be considered after the statements of the two victim-witnesses are recorded.
CBI Raises Concern Over Witnesses
Additional Solicitor General D P Singh, appearing for the CBI, submitted that the release of the accused on bail could affect the willingness of witnesses to testify.
He told the court that the victims had been subjected to serious sexual assault, paraded and video-recorded, and that the trial had already begun.
Singh also expressed concern that witnesses may be reluctant to depose if the accused remain out on bail.
Chief Justice Surya Kant responded that ensuring witness safety was the responsibility of the authorities and stressed the need for witness protection. The bench also said that if the accused were found misusing the benefit of bail, the court could consider the issue.
Court Seeks Progress in Trial
Senior advocate Shadan Farasat, appearing for one of the accused whose bail has been challenged, submitted that the CBI had not been able to conduct the trial at the required pace. He said the case involved around 30 witnesses and was at the second stage of the proceedings.
Justice Bagchi asked why the victims had not been available for examination.
Advocate Nizam Pasha, appearing for the victim-complainant, informed the court that the previous date fixed for their examination was a public holiday and the centres where they were to depose had remained closed. The court was also told that one of the victims was suffering from dengue.
The Chief Justice observed that the victims could not be expected to appear if the trial had been scheduled on a public holiday. He directed the authorities to ensure that at least one of the two witnesses appears on the next date.
The court ultimately directed the CBI to ensure the production of both victim-witnesses before the trial court on October 7, 9 and 28 and ordered that their statements be recorded on those dates. The trial court was asked to comply with the directions, while all parties were required to cooperate fully.
Supreme Court Monitoring Manipur Violence Cases
The proceedings form part of the Supreme Court’s continuing monitoring of cases arising from the violence in Manipur.
On September 17, the bench had expressed shock over scores of deaths in relief camps housing internally displaced persons. It had directed the Manipur Chief Secretary to inform the court about steps taken to investigate the deaths, initiate criminal proceedings and ensure the safety of people living in the camps.
The Supreme Court had also asked the Manipur and Assam governments and other authorities to consider establishing two special trial courts exclusively for CBI and National Investigation Agency cases arising from the 2023 ethnic violence.
The violence in Manipur began on May 3, 2023, after a tribal solidarity march was organised in the hill districts against the demand for Scheduled Tribe status for the majority Meitei community.
Hundreds of people have been killed, several hundred injured and thousands displaced since the violence began.
