The Supreme Court has directed the Central Bureau of Investigation and the designated trial court to ensure that two central victim-witnesses in the Manipur sexual violence matter appear without delay for examination, emphasising that proceedings must advance swiftly. The directive underlines the judicial urgency surrounding one of the most widely scrutinised cases to emerge from the ethnic turmoil that hit the northeastern state.
Bail Cancellation Plea and Witness Intimidation Concerns
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana issued the directions during the hearing of petitions filed by the CBI seeking the cancellation of bail granted to two accused persons. Additional Solicitor General D P Singh, representing the investigative agency, raised alarms over witness vulnerability, submitting that the presence of the accused on bail could directly impede the victims' confidence to step forward and testify. Reminding the court of the trial's commencement, the law officer stated that the victims had been subjected to horrific sexual violence before being paraded and filmed.
Defence Arguments on Trial Pace and Reasons for Absences
Senior advocate Shadan Farasat, appearing on behalf of one of the accused, countered the agency's stance by arguing that the CBI had failed to conduct the prosecution at an adequate pace. He pointed out to the judges that the case involves around 30 witnesses and the matter is currently at its second stage of proceedings. During the exchange, Justice Bagchi questioned why the victim-witnesses had not appeared for examination on the scheduled dates.
Advocate Nizam Pasha, representing the victim-complainant, clarified the circumstances surrounding the absence, informing the bench that the prior hearing had fallen on a public holiday when the designated centres where the victims were scheduled to depose remained closed. He further apprised the bench that one of the victims was bedridden with dengue. Addressing these submissions, the Chief Justice remarked that victims cannot be expected to appear when hearings coincide with public holidays, while instructing the authorities to ensure that at least one of the two witnesses is present for examination on the upcoming hearing date.
State Duty on Witness Protection and Bail Re-examination
In response to the prosecution's argument that no witness would testify if the accused remain at large, the Chief Justice affirmed that safeguarding witnesses remains an institutional obligation resting squarely with the authorities. The bench underscored that witness protection is a responsibility the administration must deliver on without excuses. CJI Kant added that the court would scrutinise the question of bail if there is any indication that the accused are misusing their liberty. The bench further observed that it would be appropriate to decide the bail cancellation petitions once the examination of both victim-witnesses has concluded.
Broader Oversight of Manipur Ethnic Clashes
The latest hearing forms part of the Supreme Court's broader ongoing monitoring of legal proceedings emerging from the ethnic strife that erupted in Manipur in 2023. On September 17, the same bench had expressed sharp concern regarding fatalities reported inside relief centres housing internally displaced persons. The judges had directed the Manipur chief secretary to report back on the concrete measures initiated to investigate those deaths, pursue criminal accountability, and secure the living conditions of camp residents.
Additionally, the apex court had advised the state governments of Manipur and Assam along with relevant authorities to explore establishing two dedicated special trial courts to exclusively handle cases probed by the CBI and the National Investigation Agency linked to the unrest. The ethnic violence initially broke out on May 3, 2023, following a tribal solidarity procession organised in opposition to the Meitei community's demand for Scheduled Tribe classification. Since then, hundreds of individuals have lost their lives and thousands more have been displaced from their homes.
