On Friday, August 25th, 2023, the Supreme Court ruled that the trials for criminal cases linked to the Manipur violence, currently under investigation by the Central Bureau of Investigation (CBI), can take place in Assam. Importantly, the Court has additionally issued a set of guidelines to enable victims to provide their statements from Manipur using video conferencing facilities.
A bench presided over by Chief Justice of India DY Chandrachud issued this directive following an assurance from Solicitor General Tushar Mehta that adequate internet infrastructure would be made available in Manipur to facilitate videoconferencing for the proceedings.
The Court made it clear that its decision would not hinder those who preferred to physically attend proceedings in Guwahati, Assam. This consideration took into account concerns raised by Senior Advocate Colin Gonsalves and Advocate Vrinda Grover, who emphasised that the victims of the violence should not be compelled to travel to Assam for the trial.
In his oral assurance, the CJI said, “So you want the statements to be recorded in Manipur and not in Assam or wherever the victims are. Chief Justice of Gauhati High Court will take care and the entire process will be done virtually. We will not ask the survivor to travel to Assam.. and we will have statements and evidence recorded in Manipur.”
When Senior Advocate Indira Jaising inquired about the rationale behind selecting Assam for the trial, Solicitor General Mehta clarified that Assam was chosen due to its comparatively improved internet connectivity. He said, “We chose it for the connectivity and the maximum connectivity is in Assam.”
The CJI said, “Bearing in mind the overall environment in Manipur and a need to ensure a fair process of criminal justice administration we issue the following directions: 1. We request the CJ of Guwahati HC to nominate one or more officers higher than the rank of JMFC and sessions judge. 2. All applications for the production of accused, remand, judicial custody, extension of custody and other proceedings are allowed to be conducted online mode bearing in mind both distance and security issues at the courts which will be so designated under one above. 3. The judicial custody shall be permitted in Manipur.”
The CJI added, “4. The statement of witnesses under 164 CrPC is permitted to be recorded in the presence of a local magistrate in Manipur. 5. The Acting CJ of Manipur HC shall designate one or more magistrates for the above purpose. 6. The test identification parades through the video conferencing mode in the presence of a Manipur-based magistrate. 7. Application seeking a search and arrest warrant will be issued by the investigating officer online mode. 8. The CJ of Guwahati HC shall nominate judges who are conversant with one or more languages spoken in Manipur.” “The above directions shall not preclude those who wish to appear physically in Guwahati,” the Court said.
The Court was addressing a series of petitions linked to the Manipur violence, which encompassed a plea put forth by two women belonging to the Kuki-Zomi community. The video which went viral showcased these women being publicly exposed and subjected to harassment by a group of men.
A committee chaired by former Chief Justice of the Jammu and Kashmir High Court, Justice Gita Mittal, submitted three reports containing its findings on the violence. These reports further suggested an increase in compensation for the victims affected by the violence.
Prior to this, the Central government had initiated a CBI investigation into the matter, leading to multiple cases tied to the violence being handed over to the investigative agency. The Supreme Court also took suo motu cognizance of the incident after a distressing video featuring the two women gained traction on social media. Subsequently, the affected women themselves approached the apex court, urging the formation of a Special Investigation Team (SIT) to probe the incident.
