NEW DELHI — Saying the state was "limping back to normalcy", the
Supreme Court on Monday sought a sealed-cover forensic report on the
authenticity of leaked audio clips alleging the role of Manipur Chief Minister N Biren Singh in the ethnic violence.
A bench comprising Chief Justice Sanjiv Khanna and Justice
Sanjay Kumar sought the report from the Central Forensic Science Laboratory
(CFSL) within six weeks and posted the plea by the Kuki Organisation for Human
Rights Trust (KOHUR) on March 24.
KOHUR, represented by advocate Prashant Bhushan, sought a
court-monitored SIT probe into the alleged role of the chief minister in the
ethnic violence.
Justice Sanjay Kumar, who was the chief justice of the
Manipur High Court before being elevated to the top court, said, "The
chief minister of Manipur had hosted a dinner for me when I was elevated to
this court, so if you have an issue with me hearing the matter then you can
tell me….”
Bhushan said he did not have a problem at all.
“The state is gradually limping back to normalcy and we will
keep it (the matter) on hold at the moment,” the CJI said . The bench would
later see whether the top court or the high court should hear the case.
Solicitor general Tushar Mehta, appearing for the state, was
in agreement with the observations.
Bhushan, however, termed the contents of the audio leaks a
"very serious matter" and said in the clips the chief minister was
purportedly saying that Meitei groups were allowed to loot arms and ammunition
of the state government. "I have annexed transcripts of tape
recordings," he added.
The solicitor general said the petitioner had “ideological
inclinations” and there was a report by the three high court judges’ committee
stating there were efforts to keep the “pot boiling”.
"A truth lab confirmed that 93 per cent it is the voice
of the chief minister," said Bhushan, "and truth labs are far more
reliable that the FSL reports."
The law officer questioned the veracity of the report of the
truth lab.
On November 8, last year, a bench headed by former CJI D Y
Chandrachud directed the Kuki organisation to produce material to indicate
authenticity of some leaked 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
petitioners an opportunity to file before this court material indicating the
authenticity of the clip,” it said.
Bhushan had said he would also file a copy of the tape in a
CD format.
Mehta however said the plea could be filed in the high court
under Article 226 of the Constitution.
Over 200 people were killed and thousands rendered homeless
after Meitei and Kuki communities clashed with each other in May last year.
Bhushan alleged the recorded conversation prima facie showed
the complicity and the involvement of the state machinery in violence against
the Kuki Zo community.
He said the clips had "disturbing conversations"
and the chief minister could be heard instigating the violence and protecting
the attackers while fuelling the violence aside from allowing arms and
ammunition to be looted.
The solicitor general opposed the plea, saying the
organisation should moved the Manipur High Court and said 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.
The Kuki organisation's plea alleged the chief minister of
Manipur was instrumental in "inciting, organising and thereafter centrally
orchestrating the large-scale murder, destruction and other forms of violence
against the Kuki dominated areas in Manipur".
"Petitioner is praying for a court-monitored
investigation by special investigation team into the leaked audio tape clips as
there is clear and strong prima facie evidence showing involvement of highest
functionary, i.e., chief minister of a state. The investigation would need to
unearth the conspiracy which appears to involve the highest functionary of
state," it added.
The plea said the investigation couldn't be done by the CBI,
ED, etc., and would have to be carried out by a special investigative team of
officers of impeccable integrity selected by the top court.
Asked about the clip during a recent PTI interview, Chief
Minister Singh 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."
