The Supreme Court on Friday transferred to neighbouring Assam the pre-trial proceedings of 17 cases being investigated by the CBI in violence-wracked Manipur, including the naked parading of women and the sexual assault on them.

The court said the decision was taken “bearing in mind the overall environment in Manipur and in view of ensuring fair process of criminal justice administration”.

A bench headed by Chief Justice of India D.Y. Chandrachud assured the senior
lawyers appearing for the victims that the transfer of the pre-trial proceedings to Guwahati was being done in the interest of both affected communities — the Meities and the Kukis.

The bench, which included Justices J.B. Pardiwala and Manoj Mishra, asked the Gauhati High Court chief justice to designate one or more judges or chief judicial magistrates of the rank of district and sessions judge who are conversant with more than one Manipur language to conduct the pre-trial proceedings.

The designated judges are to entertain all applications moved before them for production of the accused, remand, judicial custody, extension of custody, directions for search and seizure, and other investigation-related procedures.

The witnesses, accused and investigating officers have been allowed to appear in the virtual mode at the designated courts, bearing in mind distance and security issues.

The Supreme Court requested the Manipur High Court acting chief justice to designate magistrates to record statements of victims and witnesses under CrPC Section 164 within the state. Statements recorded by a magistrate under Section 164 have more evidentiary value in courts compared with statements recorded by police under CrPC Section 161, which can at best be used only to corroborate primary and secondary evidence.

“Judicial custody if and when granted, shall be granted in Manipur to obviate transit,” CJI Chandrachud said. This means the accused who are remanded in judicial custody should be kept in jails in Manipur to avoid any problems relating to transit, security and the safety of all concerned.

The top court passed the directions after solicitor-general Tushar Mehta, appearing for the Manipur government, requested that the pre-trial proceedings be shifted to Assam. Senior lawyers Indira Jaising, Colin Gonsalves, C.U. Singh, Vrinda Grover and others opposed the plea on the ground that it would cause difficulties for the victims and witnesses who might have to travel to the neighbouring state.

Alternatively, some lawyers like Jaising suggested that the pre-trial proceedings be transferred to some other state in the vicinity, like Meghalaya, Mizoram or Nagaland.

The BJP is in power in Assam and Manipur.

The Supreme Court indicated that it might review its decision at a later stage, but for now the pre-trial procedures would be conducted in Assam.

“We are not at the stage of trial yet. After a few months, if we think trial can take place, the Manipur judge can... conduct trial. But immediate directions need to be passed for production, identification, etc,” Justice Chandrachud told Gonsalves.

Mehta said the apprehensions of the victims and their lawyers could be allayed by ensuring the production of the victims, witnesses and accused through video-conferencing.