Date: 31 July 2023

New Delhi, India

The Supreme Court of India has expressed grave concerns over the "unabated" ethnic violence in Manipur, which has been ongoing since May 4. During the proceedings on Monday, the Court directed pointed questions to both the Union Government and the State Government, seeking explanations for the delayed registration of FIRs and the lack of information on the number and nature of cases filed.

Chief Justice of India, DY Chandrachud, led the bench and expressed alarm over the incident where two women were brutally assaulted and paraded naked by a mob, stating that this was not an isolated event and that there might be several similar instances. The Court inquired why it took 14 days for the police to register the FIR after the May 4 incident and questioned the delay in transferring the FIR to the Magistrate a month later.

Solicitor General of India, Tushar Mehta, representing the State Government, explained that the incident was brought to notice on May 18, and seven arrests were made within 24 hours of the video going viral. However, when asked about the total number of FIRs registered and their bifurcation, he admitted to not having specific instructions.

Chief Justice Chandrachud emphasized that the viral video incident should not be seen in isolation but rather as part of a larger pattern of systemic violence. He called for a specialized team to investigate such cases and stressed the importance of a humane mechanism to record the victims' statements, considering that three months had already passed since the violence broke out.

The Court further discussed the need to rebuild confidence in the affected communities and suggested the constitution of a committee to interact with the victims and record their statements for the initiation of criminal proceedings. Additionally, the Court sought information on the extent of legal aid provided to the victims and measures undertaken for rehabilitation.

A significant development during the proceedings was the opposition by two women survivors of sexual violence to the Centre's proposal to transfer the investigation to the Central Bureau of Investigation (CBI) and transfer the trial to Assam. The victims' counsel, Senior Advocate Kapil Sibal, stated that they were against both proposals. The Court expressed surprise that the State of Manipur lacked critical information on the number and nature of cases filed.

Various senior advocates and intervenors also raised concerns about police complicity in the violence and urged for a Court-monitored investigation to instill confidence in the victims. Suggestions were made for a high-powered committee comprising women experienced in dealing with sexual violence victims and for investigation by a Special Investigation Team (SIT) of retired DGPs from outside Manipur.

The Supreme Court Advocates-on-Record Association offered free legal aid to the victims, while advocates representing different organizations urged for fast-tracking the trials and ensuring rehabilitation and legal aid.

The matter will be heard again on the following day, with the Court expected to consider the suggestions made and the need for a specialized investigation team to tackle the continuing violence and ensure justice for the victims.

Overall, the Supreme Court's intervention and scrutiny highlight the gravity of the situation in Manipur and the need for a thorough investigation and measures to restore confidence in the constitutional process and provide justice to the affected communities.