New Delhi: The Supreme Court Monday questioned the counsel representing the Centre and Manipur government as to why the police took 14 days to register an FIR in connection with women being paraded naked and sexually assaulted in the strife-torn state, and remarked that the justice should go to the victim's doorstep rather than her seeking it with a magistrate.
Chief Justice of India DY Chandrachud said the incident is not like the Nirbhaya case, but “here we are dealing with systemic acts of violence which are being perpetrated in the course of communal or sectarian strife”.
The bench noted that merely entrusting to CBI or SIT would not be enough and it will have to picture a situation where a 19-year-old woman who has lost her family is in a relief camp. The Chief Justice said that the court would not want her going to the magistrate and rather need to ensure that the process of justice goes to her doorstep. The top court suggested constituting a committee of women judges and members of civil society, who will in turn get the assistance of members of civil societies.
The Attorney General R Venkataramani, representing the Centre, submitted before the bench headed by the CJI and comprising justices J B Pardiwala and Manoj Misra that he is not against the court order for an SIT probe and urged the court to allow him to gather all information and find out what is the best way out, and added that the state government should also have a role and not just that only civil society will have a role (in the constitution of SIT).
Senior advocate Kapil Sibal, representing the women who were naked paraded naked, requested for a Supreme Court-monitored probe and submitted that police were collaborating with those who perpetrated the violence and the police took them to the crowd and left the women to the crowd and then the crowd took them to the field.
Sibal objected to the Centre's move of transferring the case to CBI and added that the women had also objected to the government's request to transfer the case to Assam. Mehta clarified that the Centre had never sought the transfer of the case to Assam.
Senior advocate Indira Jaising said the survivors are traumatised and terrorised and "we are not sure whether the survivors will tell the truth to a CBI team and they should have the confidence to tell the truth". She asked for the constitution of a high-powered committee of women members from civil society, so these survivors can come forward and speak the truth to them.
The Chief Justice stressed that what happened to these women is not an isolated incident while calling for a broader mechanism to take care of violence against women in the state. The victims, in their pleas, have requested that their identities be protected and sought a probe led by an independent SIT headed by an IG-rank police officer, and the transfer of the trial outside the state.
Meanwhile, the Chief Justice asked why was there a delay in registering the FIR immediately after the alleged incident took place on May 4. Solicitor General Tushar Mehta, representing the Manipur government said it was true that the FIR was registered on May 18 and it was registered as a zero FIR and there were several such FIRs and there were a total of 6000 FIRs in the state.
The Chief Justice said, what were the police doing from May 4 to 18? "An incident came to light that women are being paraded naked- at least 2 were raped, what were the police doing?" “The police took 14 days to register zero FIR…..there cannot be any justification for not registering zero FIR where the assailants are unknown and the perpetrators are unknown and what stood in the way of police in immediately registering an FIR after May 4…..what is the reason for waiting for 14 days to register an FIR," the Chief Justice said.
People made the arrest in 24 hours after the video went viral and so far, seven people have been arrested, said Mehta, adding that on May 18 the incident was brought to the notice. The Chief Justice said, “Why do we have to wait for an arrest to be made….police station unaware of the fact that such an incident has taken place?”.
Mehta said zero FIR means not a local police station. The Chief Justice said the zero FIR was registered on May 18, and why was it transferred to a magistrate on June 21, one month and three days and there were 20 such FIRs, what action has the police taken with respect to 20 FIRs?
He asked Mehta if there are 6000 FIRs, what is the bifurcation of these FIRs – how many of these involve crimes against women, how many involve serious offences such as murder, rioting, arson, out of these how many were recorded as zero FIRs etc., and sought a breakdown of the FIRs registered.
The court then directed the Centre and the Manipur government to be back on Tuesday with information on these points: the break-up of cases; how many zero FIRs; how many forwarded to the jurisdiction police station; action is taken so far in these FIRs; status of legal aid provided to victims of assault; and, is this the only stand-alone incident where there is the perpetration of violence on women, or how many such FIRs are there. The Chief Justice said the media has widely reported on the Manipur situation and he is surprised that the state government is not in possession of facts.
The Chief Justice said there are statements by the victims that they were handed over to the mob by police and this is not a situation like 'Nirbhaya', which was also a horrendous incident and it shook our consciousness and it was an isolated instance. “Here we are dealing with systemic acts of violence which are being perpetrated in the course of communal or sectarian strife…..”, said the Chief Justice. The hearing in the matter will continue on Tuesday.
Also read: 'Unprecedented magnitude, can’t excuse what is taking place in Manipur': SC
