Manipur violence: SC transfers CBI cases to Assam, asks Gauhati HC Chief Justice to designate judges

In a significant ruling, the Supreme Court on Friday (August 25) decided that the trials for sexual assault cases linked to the Manipur ethnic violence, which were transferred to the Central Bureau of Investigation (CBI), will be conducted in Guwahati. The court has also directed the Chief Justice of the Guwahati High Court to appoint judges who are familiar with one or more languages spoken in Manipur.

The bench comprising Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra acknowledged the current situation in Manipur and emphasized the importance of upholding a fair process of criminal justice administration. They stated, "At the present stage... it requests the Chief Justice of the Gauhati High Court to nominate one or more judicial officer."

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Additionally, the Supreme Court laid out provisions for various legal proceedings, noting that all applications related to the production of accused individuals, remand, judicial custody, and custody extension, among others, will be conducted online. This approach takes into account the geographical distance and security concerns at the courts in Manipur.

Furthermore, the court's directive stipulates that judicial custody shall be authorized within the boundaries of Manipur. This decision aims to streamline the legal procedures while considering the unique challenges posed by the region.

Addressing the ongoing situation in Manipur, the Supreme Court has established a comprehensive framework for legal proceedings and administration of justice. Solicitor General Tushar Mehta, in collaboration with the court, has guaranteed the provision of proper internet facilities in Manipur to facilitate video conferencing and other digital interactions.

The court clarified that its directives will not hinder individuals who prefer to appear physically in Guwahati for proceedings. It highlighted the significance of ensuring that the statements of witnesses under Section 164 of the CrPC are recorded in the presence of a local Magistrate in Manipur. The responsibility of designating these magistrates for this purpose lies with the acting Chief Justice of the Manipur High Court.

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Moreover, the Supreme Court emphasized that test identification parades should be conducted via video conferencing, under the supervision of a Manipur-based magistrate. The process of issuing search and arrest warrants will be streamlined through online applications, overseen by the investigating officer.

The backdrop to these legal measures is the turmoil that has engulfed Manipur since May. Triggered by a high court directive, which called for the inclusion of the non-tribal Meitei community in the Scheduled Tribes list, ethnic clashes erupted, leading to a wave of violence.

In the midst of this unrest, a distressing video emerged last month, depicting the public humiliation and assault of two women. This video galvanized national attention and prompted the Supreme Court to intervene.

The court has taken suo motu cognizance of the matter, actively overseeing investigations into this incident and other instances of violence within the state.