The Supreme Court on Monday directed the CBI and the trial court to ensure the appearance and examination of two key victim-witnesses in the Manipur sexual violence case
NEW DELHI — The Supreme Court on Monday directed the CBI and the trial court to ensure the appearance and examination of two key victim-witnesses in the Manipur sexual violence case.
During the hearing of the Central Bureau of Investigation's (CBI) pleas seeking cancellation of bail granted to two accused, a bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said the trial should proceed expeditiously.
It directed the agency to ensure that the two victim-witnesses appear on the dates fixed by the trial court.
Additional Solicitor General D P Singh, appearing for the CBI, said the release of the accused on bail could affect the willingness of the witnesses 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 an accused whose bail has been challenged, submitted that the CBI had not been able to conduct the trial at the required pace.
He said there were around 30 witnesses and that the case 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, said that the previous 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 that if a trial was fixed on a public holiday, the victims could not be expected to appear.
He directed the authorities to ensure that at least one of the two witnesses appears on the next date of hearing.
Singh submitted that in cases of this nature, "if the accused are out, nobody will depose".
The CJI, however, emphasised that ensuring the safety of the witnesses was the authorities' responsibility.
"It's your obligation... witness protection," he said, adding that if the accused were found to be abusing the concession of bail, the court would not hesitate to consider the matter.
The bench indicated that it would be better to consider the bail issue after the two witnesses had been examined.
The court order directed the CBI to ensure that the two victim-witnesses are produced before the trial court on the dates fixed -- October 7, 9 and 28 -- and that their statements are recorded on those dates.
The trial court was also directed to comply with the order, while all parties were asked to fully cooperate.
The proceedings are part of the Supreme Court's continuing monitoring of cases arising from the Manipur violence.
On September 17, the bench had expressed shock over scores of deaths in relief camps meant for the internally displaced persons (IDPs).
It had directed the Manipur chief secretary to apprise it of the steps taken to probe, initiate criminal proceedings and ensure the safety of those living there.
The top court had asked the Manipur and Assam governments and others to consider setting up two special trial courts to exclusively hear CBI and National Investigation Agency cases arising from the 2023 ethnic violence in Manipur.
The ethnic violence in Manipur broke out on May 3, 2023, following a tribal solidarity march organised in the hill districts to protest the demand for Scheduled Tribe status by the majority Meitei community.
Hundreds have been killed, several hundred injured and thousands displaced since the violence broke out.