Centre's Move To Transfer Manipur Women Assault Case to CBI Faces Opposition By Victims

The Centre and Manipur government remained silent on the number of FIRs registered for crimes against women in the state during ethnic clashes, as the Supreme Court heard the case on 31 July.

Chief Justice of India D Y Chandrachud, while addressing the case of two women who were sexually assaulted and paraded by a mob in Manipur, highlighted that this incident was not an isolated one.

He emphasised the need for a mechanism to ensure justice for all women, stating that complaints should be filed and FIRs should be lodged.

Senior advocate Kapil Sibal, representing the two women victims, objected to the Centre's decision to transfer the case to the Central Bureau of Investigation (CBI). The women also opposed the government's request to transfer the case to Assam, as per a report by The Hindu.

Solicitor General Tushar Mehta clarified that the Centre had never specifically sought the transfer of the case to Assam. He explained that the Centre had requested the transfer to any location deemed appropriate by the court.

Sibal requested the formation of an independent agency by the top court to investigate the incident that reportedly occurred on 4 May.

In response, Mehta stated that the union government had no objection to the Supreme Court overseeing the investigation.

In addition, Sibal accused the state police of collaborating with the mob. He based his claim on witness statements, stating that instead of protecting the women from the mob, the police led them towards the crowd and abandoned them.

One of the women has lost her father and brother to the violence of the mob, and their bodies have yet to be found.

On 20 July, the Supreme Court took suo-motu cognisance of the video depicting the incident, after it went viral on social media.

Sibal also highlighted that it was only after the court took cognisance that the state took action. He expressed concern about the lack of information provided to the Attorney General and the Solicitor General regarding the number of FIRs registered so far, suggesting that there may be numerous similar incidents occurring without their knowledge.

The Supreme Court gave the Centre and the Manipur government an ultimatum to either bring the culprits to justice or allow the court to intervene.

Their petition was listed alongside others concerning the Manipur violence. The same Bench will also hear an affidavit from the Centre, stating that the case of the two women has been transferred to the Central Bureau of Investigation with the consent of the state government.

In the affidavit, the Home Ministry described the incident that occurred to the women in Thoubal district on 4 May as "too heinous". They emphasised the need for justice to be seen and for it to have a deterrent effect across the nation.

According to the Ministry's seven-page affidavit, seven men have been arrested and are currently in police custody.

The Centre has requested the court to transfer the case to another state, stressing the need for a swift investigation and a time-bound trial.

The government has urged the court to ensure that the trial is concluded within six months from the date of the charge sheet being filed.

In its affidavit, the Ministry assured the court of the Centre's zero tolerance towards crimes against women.

The Ministry also acknowledged its inability to establish direct contact with either of the two women involved, but assured that the state government has taken steps to provide them with rehabilitative measures, including expert medical care, anonymity, security, legal aid, opportunities for further education, and livelihood assistance.

Further, the Centre has instructed the police to report incidents or cases to the Director General of Police in order to prevent their recurrence.

Informants and whistleblowers who provide information about such incidents and assist in apprehending the culprits will be rewarded, according to the Ministry.

Chief Justice Chandrachud summoned the Attorney-General and Solicitor-General on 20 July to express the court's deep concern over the disturbing visuals of a woman being paraded naked and sexually assaulted in strife-ridden Manipur.

The court firmly determined that the video depicted severe violations of the constitution and human rights. It stated in its order that using a woman as a means of perpetrating violence in a charged atmosphere is completely unacceptable in a constitutional democracy.

Chief Justice Chandrachud highlighted that the age of the video, dating back to May, was irrelevant.

The Chief Justice observed that the video's time frame was not important, but rather the fact that it represented the most extreme violations of constitutional and human rights.