Supreme Court transfers CBI cases to Assam in Manipur Violence

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Manipur Violence: Supreme Court Transfers CBI Cases to Assam Amidst Concerns

In a significant development, the Supreme Court has decided to transfer the trial of CBI cases related to the recent Manipur violence to Assam. This decision comes amidst concerns over the ongoing unrest in Manipur, which has been rife with ethnic clashes and allegations of human rights violations.

The bench, comprising Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra, passed the directions based on suggestions made by Solicitor General of India Tushar Mehta, representing the State of Manipur. Mehta highlighted potential concerns about judges in Manipur belonging to specific communities and also raised security issues regarding the transfer of the accused.

However, the proposal to transfer the cases to Assam was met with objections from lawyers representing the victims and tribal groups. Senior Advocates Colin Gonsalves, Chander Uday Singh, and Indira Jaising, along with Advocates Vrinda Grover and Nizam Pasha, voiced their concerns. Gonsalves emphasized that the trials should occur where the offences took place, adding that victims shouldn’t be compelled to travel to Assam. Jaising questioned the decision to transfer trials to Assam, referencing a previous assurance made by the Solicitor General. Pasha brought up potential language barriers if the cases were moved to Assam and suggested Mizoram as an alternative location.

Addressing these concerns, Chief Justice Chandrachud stated,

“There have been victims in valleys, and in hills. It would be difficult for people who suffered in valleys to travel to hills, and the other way round. We are not on who suffered more, just the practical difficulty.”

The court assured that victims and witnesses could record their evidence virtually, eliminating the need for them to travel.

“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,”

the Chief Justice orally assured.

When the issue of internet connectivity in Manipur was raised, the bench sought assurance from the Solicitor General.

“Solicitor General has assured that proper internet connectivity will be ensured in the places in Manipur to comply with the above directions,”

the bench recorded.

The court’s decision to transfer the cases comes in the wake of a graphic video that went viral last month, showing two Manipuri women being paraded naked and sexually assaulted. This incident, among others, led the Supreme Court to take suo motu cognizance of the situation in Manipur.

The court has also formed a special committee, comprising three retired women judges from high courts, to interact with the victims and ensure proper humanitarian aid. This committee, which includes former Chief Justice of Jammu and Kashmir High Court Gita Mittal, former judge of the Bombay High Court Shalini Joshi, and former judge of the Delhi High Court Asha Menon, has been tasked with overseeing relief, remedial and rehabilitation measures, and the restoration of homes and places of worship.

As the situation in Manipur continues to evolve, the Supreme Court’s interventions and decisions will play a crucial role in shaping the course of justice and reconciliation in the state.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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