New Delhi: The Supreme Court on Monday directed the CBI and the trial court to ensure that two victim-witnesses appear and give evidence in a Manipur sexual violence case.
A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana passed the order while hearing the CBI’s pleas seeking cancellation of bail granted to two accused.
The court asked the CBI to ensure that the two witnesses appear before the trial court on October 7, 9 and 28. Their statements must be recorded on those dates. It also directed the trial court to follow the order and asked all parties to cooperate.
Additional Solicitor General D P Singh, appearing for the CBI, said the accused could influence the victims’ decision to testify if they remained out on bail.
“The victims were sexually assaulted in the worst possible manner… thereafter paraded and video-recorded,” Singh said. He added that the trial had already started.
Senior advocate Shadan Farasat, who appeared for one of the accused, said the CBI had not been able to conduct the trial quickly enough. He said there were about 30 witnesses and the case was currently at the second stage.
Justice Bagchi asked why the victims had not appeared for examination, as reported by The New Indian Express.
Advocate Nizam Pasha, representing the victim-complainant, said the earlier hearing was held on a public holiday. The centres where the victims were to give evidence were closed. He also said that one of the victims was suffering from dengue.
The Chief Justice said the victims could not be expected to appear when the hearing was fixed on a holiday. He directed the authorities to ensure that at least one of them appeared on the next date.
Singh said that victims would not come forward if the accused were released on bail.
“In cases of this nature, if the accused are out, nobody will depose,” he said.
The CJI said the authorities were responsible for protecting the witnesses.
“It’s your obligation… witness protection,” he said. He added that the court would examine the bail issue if the accused misused the relief granted to them.
The bench said it would consider the bail pleas after the two victim-witnesses had given their evidence.
The Supreme Court is monitoring cases related to the 2023 Manipur violence. It has sought details on deaths in relief camps and asked authorities to consider special courts for CBI and NIA cases.
The violence began on May 3, 2023, after a tribal march opposing the Meitei community’s demand for Scheduled Tribe status. Hundreds were killed and thousands displaced.
