The Supreme Court on Monday directed the CBI and the trial court to ensure the appearance and examination of two key victim-witnesses in a Manipur sexual violence case, observing that the trial should proceed expeditiously.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana passed the directions while hearing the CBI’s pleas seeking cancellation of bail granted to two accused.
The court directed the CBI to ensure that the two victim-witnesses appear before the trial court on October 7, 9 and 28 and that their statements are recorded on those dates. It also directed the trial court to comply with the order and asked all parties to cooperate.
Additional Solicitor General D P Singh, appearing for the CBI, argued that the release of the accused on bail could affect the victims’ willingness to depose.
“The victims were sexually assaulted in the worst possible manner... thereafter paraded and video-recorded,” Singh said, adding that the trial had already commenced.
Senior advocate Shadan Farasat, appearing for one of the accused, said the CBI had not been able to conduct the trial at the required pace. He said there were around 30 witnesses and the proceedings were currently at the second stage.
Justice Bagchi questioned why the victims had not appeared for examination.
Advocate Nizam Pasha, appearing for the victim-complainant, said the previous hearing date was a public holiday and the centres where the victims were scheduled to depose were closed. The court was also informed that one of the victims was suffering from dengue.
The CJI said victims could not be expected to appear if the trial was scheduled on a public holiday and directed the authorities to ensure that at least one of the two witnesses appeared on the next date.
Singh submitted that in cases of this nature, “if the accused are out, nobody will depose”.
The CJI, however, said ensuring the safety of the witnesses was the authorities’ responsibility.
“It’s your obligation... witness protection,” he said, adding that the court would consider the bail issue if the accused were found to be abusing the concession of bail.
The bench indicated that it would be appropriate to consider the bail pleas after the two victim-witnesses had been examined.
The proceedings are part of the Supreme Court’s continuing monitoring of cases arising from the 2023 ethnic violence in Manipur.
On September 17, the bench had expressed concern over deaths in relief camps housing internally displaced persons and directed the Manipur chief secretary to apprise it of steps taken to investigate the deaths, initiate criminal proceedings and ensure the safety of those living in the camps.
The Supreme Court had also asked the Manipur and Assam governments and other stakeholders to consider setting up two special trial courts to exclusively hear CBI and National Investigation Agency cases arising from the violence.
The ethnic violence broke out in Manipur on May 3, 2023, following a tribal solidarity march against the demand for Scheduled Tribe status by the majority Meitei community. Hundreds of people have been killed and thousands displaced since then.
(With inputs from PTI)