Supreme Court of India has taken crucial steps to ensure justice and fair proceedings in cases related to the Manipur ethnic violence. The Court has instructed the Chief Justice of the Gauhati High Court to designate specific courts in Guwahati to handle sexual violence cases stemming from the ethnic clashes. The cases in question have been transferred to the Central Bureau of Investigation (CBI) for investigation.
The Court's decision comes in response to a suggestion by Solicitor General of India, Tushar Mehta, representing the State of Manipur. He raised concerns about potential bias among judges in Manipur belonging to particular communities and security issues related to the transfer of the accused. To address these concerns, he proposed transferring the trials to a designated court in the neighboring state of Assam.
However, lawyers representing the victims, including Senior Advocates Colin Gonsalves, Chander Uday Singh, Indira Jaising, and Advocate Vrinda Grover, objected to the proposal of moving the cases to Assam. Gonsalves argued that the trials should take place in the jurisdictions where the offenses occurred and emphasized that victims shouldn't be compelled to travel to Assam. Jaising expressed reservations about transferring trials to Assam, citing earlier assurances made by the Solicitor General. Advocate Nizam Pasha, representing a tribal organization, also raised concerns about potential language barriers if the cases were moved to Assam and suggested Mizoram as an alternative location.
In response, the Chief Justice clarified that neighboring states had relatively lesser infrastructure, making Assam a more practical choice. He also highlighted the necessity for victims to travel through Assam if other locations were considered. To address the challenges faced by witnesses and victims in traveling, the Court ruled that they could provide evidence virtually from their locations in Manipur.
The Court's directions include:
The Court assured that proper internet connectivity would be ensured in the locations of designated local Magistrates to facilitate these online proceedings. It also clarified that physical appearances before the judge in Guwahati were not foreclosed, preserving the option for witnesses or individuals to appear in person if they wished.
This decision arises from a batch of pleas related to ethnic clashes in Manipur, including the case of two Manipuri women subjected to sexual assault, which gained attention after a distressing video went viral. The Supreme Court had previously established a committee of retired women judges to examine the humanitarian aspects of the Manipur crisis, focusing on relief, rehabilitation, and restoration efforts.
The Court's proactive approach aims to balance the imperatives of justice, security, and accessibility for victims and witnesses, setting a significant precedent for handling complex cases with sensitivity and efficiency.
Case Title: Dinganglung Gangmei v. Mutum Churamani Meetei & Ors. | Special Leave Petition (Civil) Diary No. 19206 of 2023 and other connected matters.
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