Manipur horror: The Supreme Court on Tuesday asked the probe agency CBI to put on hold the recording of the statement of the two women victims in the Manipur viral video case till it hears the main case. The apex court scheduled the next hearing of the case for Monday (July 7) and asked the Director-General of Police (DGP) of Manipur to remain present personally before the court.
Referring to an incident of a woman being dragged out of a car and her son being lynched to death in Manipur, the court said the incident happened on May 4 and FIR was registered on July 7. CJI Chandrachud observed it appears except of 1-2 FIRs there is no arrest at all. The Investigation is too lethargic, FIRs were registered after two months, and statements were not recorded.
SG to Supreme Court
"I am trying to be as impartial as I can, I am addressing dispassionately, only on facts. The state government and the relevant authorises are sensitive to the issue. FIRs have been registered. Due to the law and order situation out of the zero FIRs, most have been transferred few are in the process of transfer," Solicitor General Tushar Mehta told the Supreme Court. The Manipur government said all officers in all police stations have been directed to be sensitive to sexual violence reported by women and children, he added.
"In the car wash incident where tribal women working were allegedly raped and murdered, the Manipur government said an investigation is underway, 37 witnesses have been examined, and 14 other employees of the car wash are in the process of examination. Seven accused were arrested including one juvenile. FIR has been transferred to CBI for early booking of culprits," the Solicitor General said during the hearing. Earlier, the Supreme Court on Monday said the extent of its intervention in the Manipur violence case would depend on what the government has done so far and if the court is satisfied that the authorities have done adequately, it may not intervene at all.
A bench headed by Chief Justice D Y Chandrachud observed if the apex court is not satisfied with the steps taken by the government, then there is a "grave and urgent" need to intervene immediately. The bench, also comprising Justices J B Pardiwala and Manoj Misra, was hearing a batch of pleas concerning the ethnic violence in Manipur. Terming as "horrendous" the video of two women being paraded naked in Manipur amid reports that the police handed them over to the rioting mob, the bench asked searching queries over delayed registration of the FIR while mooting the idea of setting up of a committee of retired judges or an SIT to oversee the probe.
"The extent of our intervention will also depend on what the government has done so far. If we are satisfied that the government has done adequately so far, we may not intervene at all. But if we are not satisfied, then we feel that there is a grave and urgent need for us to intervene immediately," the CJI observed during the hearing. The bench said it will have to also ensure that merely entrusting the probe to the CBI or a Special Investigation Team (SIT) may not sub-serve the purpose and the court will have to issue directions on the modalities, like the recording of statements under section 164 of the Code of Criminal Procedure (CrPC), which deals with recording of confessions and statements before a magistrate.
It said, suppose a woman is in a relief camp in Manipur, who is going to record her statement. "We can't have her go to the magistrate court and have a statement under (section) 164 recorded," it said. "We have to necessarily ensure that the process of justice must go to her doorsteps, record her statement, record her statement in conditions which are conducive for recording of statement," the bench observed.
Solicitor General Tushar Mehta, appearing for the Centre and the Manipur government, said the apex court may have a "fool-proof" system which may be replicated everywhere. "We can't develop a system which is fool-proof because they are all designed and operated by human beings. We can only try," the CJI observed.
Mehta said the government shares the concerns expressed by the apex court and the Union of India has no objection if the top court monitors the investigation into the violence. "The highest court of the country monitoring it, there will be nothing greater than that for confidence building measure," he said.
Supreme Court said there needs to be a mechanism to bifurcate these 6500 FIRs because the CBI cannot be burdened with all 6500 otherwise it will result in the breakdown of the CBI mechanism. SC added, "It needs to know in how many FIRs specific names of accused have been taken and if there are names in the FIRs, what steps have been taken to arrest them?"
Attorney General for India R Venkataramani appearing for the government termed the incidents occurring at the border as deeply disturbing. He said, "We need to take calibrated approach." The Solicitor General said government tells Supreme Court that so far as 11 FIRs relating to violence against women and children can go to CBI."
Manipur videos triggered outrage
On July 19, videos of Manipur horror surfaced on social media which shook the nation's consciences. The video was shot on May 4 - the day clashes between two ethnic groups began in the northeast state - showed brutal crime in which a large number of men made two women parade naked and molested them.
The Central Bureau of Investigation (CBI) recorded an FIR to assume control over the probe into the alleged rape incident in Manipur's Thoubal area, where three women were stripped and marched naked. Under the Indian Penal Code (IPC) and IT Act, the central agency has filed a case for murder, gang rape, outraging modesty, and criminal assault.
Ever since the violence began in Manipur, more than 10,000 FIRs have been registered while 181 people have lost their lives including 60 Meitei, 113 Kuki, 3 CAPF, 1 Nepali, 1 NAGA, 1 unknown, 21 women -- 17 Kuki, 3 meitei, 1 NAGA.
Violence in Manipur
More than 120 people have lost their lives and over 3,000 injured since ethnic violence broke out on May 3 when a 'Tribal Solidarity March' was organised in the hill districts to protest against the Meitei community's demand for Scheduled Tribe status. Around 40,000 central security personnel, besides the Manipur Police, have been deployed to control the violence and bring back normality in the state.
(With PTI inputs)
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