‘Nobody will depose if accused are out’: SC directs CBI to ensure Manipur sexual violence victims testify

The Supreme Court on October 5 directed the CBI and the trial court to ensure the appearance and examination of two key victim-witnesses in a case linked to sexual violence during the 2023 ethnic clashes in Manipur. The direction came while the court was hearing the CBI's pleas against the bail granted to two accused in the case.

A bench headed by Surya Kant and comprising Justices Joymalya Bagchi and V Mohana said the trial should proceed without delay. It directed the CBI to ensure that the two victim-witnesses appear before the trial court on October 7, 9 and 28, when their statements are scheduled to be recorded.

Appearing for the CBI, Additional Solicitor General D P Singh argued that the release of the accused on bail could affect the victims' willingness to testify. "The victims were sexually assaulted in the worst possible manner... thereafter paraded and video-recorded," Singh told the court, while pointing out that the trial had already begun.

Senior advocate Shadan Farasat, appearing for one of the accused whose bail is under challenge, argued that the CBI had not been able to conduct the trial at the required pace. He said the case involved around 30 witnesses and was currently at the second stage of proceedings. Justice Bagchi then asked why the two victims had not been available for examination.

Advocate Nizam Pasha, appearing for the victim-complainant, told the court that the previous date of hearing had fallen on a public holiday, when the centres where the victims were scheduled to depose remained closed. The court was also told that one of the victims was suffering from dengue. The court observed that victims could not be expected to appear if their examination was fixed on a public holiday, but directed the authorities to ensure that at least one of the two witnesses appears on the next date.

Singh maintained that securing the victims' testimony could be difficult while the accused remained out on bail. "In cases of this nature, if the accused are out, nobody will depose," he submitted. The bench, however, said witness protection was the responsibility of the authorities. "It's your obligation... witness protection," the court said, adding that it could reconsider the bail if it found that the accused were misusing the concession.

The bench indicated that it would be appropriate to consider the bail pleas after the two victim-witnesses had been examined. It then directed the CBI to ensure that both witnesses are produced before the trial court on the dates fixed for their examination and that their statements are recorded. The trial court was also directed to comply with the order, while all parties were asked to extend full cooperation.

The proceedings are part of the Supreme Court's continuing monitoring of cases arising from the Manipur violence. On September 17, the court expressed concern over reports of deaths in relief camps housing people displaced by the violence and directed the Manipur chief secretary to inform it about the steps taken to investigate the deaths, initiate criminal proceedings and ensure the safety of those living in the camps. The court has also asked the Manipur and Assam governments and other authorities to consider setting up two special trial courts to exclusively hear cases being investigated by the CBI and the National Investigation Agency in connection with the 2023 ethnic violence.

The violence in Manipur began on May 3, 2023, after a tribal solidarity march was held in the hill districts against the demand for Scheduled Tribe status by the majority Meitei community. Since the clashes began, hundreds of people have been killed, several hundred injured, and thousands displaced. The court's latest order seeks to ensure that the testimony of the two victim-witnesses is recorded without further delay before it takes up the bail challenge.