Manipur video case: SC asks Govt why there is a delay of 14 days in registering FIR

The Supreme Court today came down heavily on the Central government and questioned it on the Manipur viral video in which two women were allegedly sexually assaulted and paraded naked by a mob. The apex court asked why the FIR in the case was registered on May 18 when the incident happened on May 4.

A three-judge bench of the apex court, headed by the Chief Justice of India (CJI) DY Chadrachud, asked the government why the police took 14 days to register the zero FIR.

"Inform us what kind of legal aid you are providing to victims," the apex court asked the Centre and state govt. 

The Top court hearing a batch of petitions related to violence in Manipur, said that whatever happened in the northeastern state cannot be justified by saying that it happens elsewhere in the country.

The apex court termed the offence against Manipur women, as 'horrendous', and said that it does not want it to be handled by state police.

SG said that the government has nothing to hide on the Manipur situation

The Solicitor General (SG) Tushar Mehta,  appearing for the Centre and state of Manipur, told the court that the government has nothing to hide. This court can monitor the situation.

Kapil Sibal, appearing for the two victims, opposed the CBI probe and the transfer of the case to Assam.

SG Mehta said that we have never requested for the case to be transferred to  Assam. We have said that the matter be transferred outside Manipur. We never said Assam.

Sibal agreed to it and said we are okay with it.

What CJI DY Chandrachud said

The CJI-led bench wanted to know from SG Mehta how many FIRs have been registered against the accused persons to date in such cases and violence.

The CJI stressed that we also have to make some sort of a mechanism to see the broader issue of violence against women. This mechanism should ensure that all such kinds of cases are taken care of and appropriate measures must be taken.

Kapil Sibal’s arguments

Sibal argued that it is clear that the police were collaborating with the perpetrators of the violence. While they sought protection from the police, they took them to the crowd, abandoned the jeep and did this, and how do we depend on an agency to handle it?

The father and brother of one of the victims are allegedly killed by the perpetrators and we even don't know where these two dead bodies are now. “The state is there to protect the citizens,” Sibal said.

“It is not the CBI and anybody else's case and I don't know how the Attorney and Solicitor will verify and supervise the Case?” Sibal asked.

The state and Centre are completely unaware till today as to how many FIRs have been registered so far, this says everything about the sad state of affairs in the case, Sibal said. 

The SG Mehta reiterated that the central govt shares the concern of Mr Sibal. The Govt of India has no objection to the Supreme Court monitoring the investigation of the case. This shows the transparency in the case.

During the course of the hearing, the CJI observed that right away the perpetrators have to be arrested immediately.

He wanted to know from the parties as to, who will do that, Manipur police?

Arguments from the intervenors

Many intervenors have submitted their arguments urging the SC to take appropriate directions in the matter.

The intervenors said that confidence-building measures must have to be taken and we need to stand with the two victims who are now under trauma and horror.

“The victims have to be rehabilitated properly. An independent SIT probe, along with other measures must be taken to ensure that the victims are duly taken care of and in the process of dispensation of justice,” Shobha Gupta, the lawyer for one intervenor, told the CJI bench.

Lawyer Vrinda Grover, appearing for women and governance, said that there are many incidents of sexual violence and rape. This is a complex situation in this case.

“There is targeted sexual violence during a riot kind of situation. we can't put a blind eye to the crime,” Grover said, and questioned the state govt for its lack of help to the victims and said what is the role of the state in this (protecting citizens) but ....?

The CJI observed that ‘undoubtedly, there are crimes which are taking place against women across the country- that is our social reality. The crimes against women are there, not only in Manipur.’

Lawyer Bansuri Swaraj, one intervenor, said that more than 9,000 cases of violence against women have come to light in West Bengal state. 

She pleaded to the SC that whatever mechanism this court is following in Manipur, let it be also done and being followed in West Bengal, Rajasthan, Kerala and Chhattisgarh too, where similar incidents have happened.

She also said and urged the SC to protect all daughters of India and don't confine it to Manipur only. “My humble prayer is to have the same mechanism for all the daughters of India and in all states,” She said. 

What were the police doing for 14 days, asks CJI

The Supreme Court questioned the SG as to what the police were doing from May 4th to 18th. An incident came to light that women are being paraded naked- at least 2 were raped. What were the police doing?

The SG replied that soon after the video surfaced and went viral, the accused persons were arrested.

The SC expressed its anguish and unhappiness over the delay in the registration of FIRs and what the police were doing.

“We are concerned with the fact that the investigation must proceed,” the CJI said.

The State of Manipur even today, is not aware of many facts.

“It (this Manipur incident) shook our conscience. It is not like the Nirbhaya kind of case. It is a horrendous case. The violence is going unabated. We are deeply concerned about it. We can evenly send judges officer, and who can give us dispassionate information wrt rehabilitation and etc etc.”

“Time is running out. Three months have gone by. Evidence may be gone. Who will give evidence? Who will give witness to this case?” the CJI observed.

The SC wanted to know from the AG/SG whether they can give some names and suggestions for certain names of judges in the formation of an SIT may be, the CJI observed.

“As far as the framing of issues with respect to rehabilitation and etc etc, are concerned, we have to rebuild lives here onwards. A lot has been lost. But not all has been lost. We need reassurance which will help in rebuilding lives,” the CJI said.

“We need to ensure faith in the community, rule of laws, constitutional process,” the CJI said.

“It is the duty of the court to attend and take care of the cases, address the issues, as to who the victims are or the perpetrators are,” the CJI said.

“What is the state of Manipur govt doing so that violence won't happen again? Else there will be a cycle of happening may happen. What it can do that is most important,” the CJI asked the AG, the top law officer of the state of Manipur govt.

We are not only worried about one video. We are entirely worried about the kind of violence that had happened and what was going on in the state of Manipur, the CJI asked and fixed the hearing to Aug 1 at 2 p.m.

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