New Delhi: The Supreme Court Friday transferred all cases of Manipur violence being investigated by the CBI to Assam, stressing the need for ensuring "a fair process" of criminal justice administration.
A bench headed by Chief Justice of India DY Chandrachud asked the chief justice of the Guwahati High Court to designate courts to handle these cases, which have been transferred to the CBI. The apex court also issued a series of directions to facilitate victims to give their statements from Manipur, through video conference.
The bench, also comprising justices J B Pardiwala and Manoj Misra, said extension of custody, applications for remand, issuance of warrant etc. can be made virtually by the CBI before these designated courts.
The top court noted that both sides have been hurt in the violence and it will pass orders fair to both sides. Issuing a slew of directions, the Chief Justice said, "At present, bearing in mind the overall environment in Manipur and in view of ensuring fair process……”.
The apex court made it clear that both victims and witnesses will be at liberty to give evidence virtually from Manipur, rather than travelling to Assam. Solicitor General Tushar Mehta informed the apex court that the situation is returning to normal in Manipur and proper internet facilities shall be provided in Manipur to allow such videoconference.
Senior advocate Indira Jaising questioned why Assam had been chosen for the conduct of the trial. Mehta said that internet connectivity is relatively better in Assam and also because of “maximum connectivity” in the state.
The apex court clarified that its order would not prevent those who wished to go to Guwahati in Assam, to appear there physically to participate in the proceedings.
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The apex court said the chief justice of the Guwahati High Court can nominate one or more officers above the rank of Judicial Magistrate First Class and sessions judge to deal with such trial cases.
It said that all applications for the production of the accused, remand, judicial custody, extension of custody, and other proceedings are allowed to be conducted online mode.
The bench said the test identification parades can be conducted through video conferencing in the presence of a Manipur-based magistrate, and the applications for search and arrest warrants will be issued by the investigating officer through the online mode.
The apex court also considered concerns raised by senior advocate Colin Gonsalves and advocate Vrinda Grover claiming that the victims of the violence should not be made to travel to Assam for the trial. The bench said, "So you want the statements to be recorded in Manipur and not in Assam or wherever the victims are ... the Chief Justice of Guwahati High Court will take care and the entire process will be done virtually ... We will not ask the survivor to travel to Assam…..”.
The top court was hearing a batch of petitions on the violence in Manipur.
