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Supreme Court: ‘No One Should Be Protected if Involved in Wrongdoing in Manipur Communal Violence Case’

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Earlier, the Supreme Court had asked for a report from a Forensic Science Laboratory (FSL) to check the authenticity of the audio recording.

NEW DELHI: 5th May: On Monday, the Supreme Court of India clearly stated that no person involved in any wrongdoing related to the Manipur violence should be shielded from legal consequences.

The case pertains to alleged communal violence between the Meitei and Kuki communities in Manipur and involves a controversial audio recording that reportedly implicates former Manipur Chief Minister N Biren Singh.

The matter was heard by a Bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar.

During the hearing, Solicitor General (SG) Tushar Mehta questioned the credibility of the petitioner, Kuki Organisation for Human Rights Trust, which had asked for an investigation into the audio recording.

Calling it some rookie organisation, SG Mehta attempted to dismiss the petitioner’s role in the case.

However, the Supreme Court made it clear that it is not concerned about who the petitioner is.

The Bench responded “We are not concerned. Let us ignore the petitioner but if there is something wrong done, don’t have to protect that wrong.”

Earlier, the Supreme Court had asked for a report from a Forensic Science Laboratory (FSL) to check the authenticity of the audio recording.

Former CM N Biren Singh stepped down from his position on February 9, following internal disagreements within the BJP’s Manipur unit and rising public pressure for a leadership change.

KOHUR, which is represented by senior advocate Prashant Bhushan, has demanded that a Special Investigation Team (SIT) should conduct a court-monitored probe into the alleged role of N Biren Singh.

CJI Sanjiv Khanna observed: “The state is gradually limping back to normalcy and we will keep it (the matter) on hold at the moment,” and said he would later decide whether the matter should be heard by the Supreme Court or the High Court.

Back on November 8, 2023, a different Supreme Court bench led by former CJI D Y Chandrachud had asked KOHUR to provide solid proof to establish the authenticity of the leaked audio clips. Mr Bhushan had then promised to also submit the tape in CD format.

Solicitor General Mehta, however, argued that the petitioner could approach the High Court under Article 226 of the Constitution instead of the Supreme Court.

Since the ethnic clashes between Meitei and Kuki communities erupted in May 2023, over 260 people have lost their lives, and thousands have been displaced from their homes.

Mr Bhushan further claimed that the audio clips prima facie show the complicity and involvement of state officials in the attacks on the Kuki-Zo community.

This report was submitted and examined by the Bench during Monday’s hearing.

After going through the report, the Court observed:
“You [State] have to speak to your officers about it.”

Meanwhile, SG Mehta informed the Court that the investigation into the case is still in progress. He also added that peace is currently prevailing in Manipur, which is under President’s Rule at the moment.

He further submitted to the Court:
“We need a month to probe. It [plea] can even be taken up by the High Court.”

However, after reviewing the sealed-cover FSL report, the Court asked the Solicitor General to speak again with the officers concerned and return with fresh instructions.

He said the conversations in the recordings were disturbing, and Mr Singh could allegedly be heard instigating violence and protecting attackers.

KOHUR’s petition has alleged that the former CM was deeply involved in “inciting, organising and thereafter centrally orchestrating the large-scale murder, destruction and other forms of violence against the Kuki-dominated areas in Manipur.”

It added: “Petitioner is praying for a court-monitored investigation by a special investigation team into the leaked audio tape clips as there is clear and strong prima facie evidence showing involvement of the highest functionary, i.e., chief minister of a state. The investigation would need to unearth the conspiracy which appears to involve the highest functionary of state.”

The Bench then passed the following direction:
“SG to take fresh instructions on filing a fresh FSL report after re examination. Let it be re-listed in the week commencing July 21.”

Senior Advocate Prashant Bhushan appeared for the petitioners in the case and urged the Court to ensure accountability in the matter.

Case Name : KUKI ORGANIZATION FOR HUMAN RIGHTS TRUST Vs UNION OF INDIA | W.P.(C) No. 702/2024

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