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Describing the violence perpetrated against women in strife-torn Manipur as one of “unprecedented magnitude”, the top court refused to consider vehement submissions of lawyer and BJP leader Bansuri Swaraj that similar alleged incidents in opposition-ruled states like West Bengal, Rajasthan, Chhattisgarh and Kerala be also taken note of.
Seeking report about the action taken by the state in around 6,000 cases related to the ethnic conflict, a bench headed by Chief Justice D Y Chandrachud said Manipur police cannot be allowed to continue with its probe in view of the news reports that it were policemen who virtually handed over the women to the mob.
The bench, also comprising justices J B Pardiwala and Manoj Misra, asked as to why the state police took 14 days to register an FIR.
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“What was the police doing? Why was an FIR in video case transferred to magisterial court on June 24 that is after one month and three days?” asked the bench.
“This is horrendous. There are media reports that these women were handed over to the mob by the police. We also do not want the police to handle it,” said the bench, asking what stood in the way of registering an FIR immediately after the incident.
The court thwarted repeated attempts by Swaraj to draw a parallel between the crimes against women in Manipur and those happening in opposition-ruled states.
“The crimes against women take place all over the country. This is part of our social reality. Presently, we are dealing with something which is of unprecedented magnitude and pertains mainly to the crimes and perpetration of violence against women…There is a situation of communal and sectarian strife … in Manipur. So what we say is that there is no gainsaying that there are crimes against women taking place in West Bengal as well,” it told Swaraj.
Responding to Swaraj’s submissions that all daughters of India needed protection, the CJI said, “Are you for a moment saying that do something for all the daughters of India or don’t do anything for anybody at all?”
The Centre on July 27 transferred to the CBI the probe into the case related to two women being paraded naked and also urged the top court to transfer the trial outside Manipur for conclusion of the trial in a time-bound manner.
When Attorney General R Venkataramani sought time for responding to the queries, the bench said it was running out of time and there was “a great need” to give healing touch to the state, for those who lost everything including their loved ones and their homes.
“Time is running out for us,” the bench said, adding the incident had happened on May 4 and now, nearly three months have gone by which means vital evidence could have been obliterated and destroyed.
“We have to rebuild lives as well. We are concerned about the need to rebuild life from here on. A lot has been lost but everything has not been lost. We still have human lives in existence, we need to rebuild those lives,” the bench said.
The apex court also sought details about how many ‘zero FIRs’ were lodged and how many of them were forwarded to the jurisdictional police station, and action taken by the authorities.
A zero FIR can be filed in any police station regardless of whether the offence was committed within its jurisdiction.
It asked about how many people have been arrested so far and are in judicial custody. The bench also asked about the position of legal aid to the victims and how many statements under section 164 of the Code of Criminal Procedure (CrPC), which deals with recording of confessions and statements before a magistrate, have been recorded.
It asked about the kind of relief package that is expected from the Government of India for the rehabilitation of those affected by the protracted ethnic conflict.
The bench said there are statements by the women victims who were shown in the video that they were handed over to the mob by police.
“This is not a situation like that of ‘Nirbhaya’ (2012 Delhi gang-rape case). That was also horrific but was isolated. This is not an isolated instance,” it observed, adding there is a need to give a healing touch as the violence is continuing unabated.
The bench said the idea is to restore the faith in the constitutional process.
During the hearing, Solicitor General Tushar Mehta, appearing for the Centre and the state government, told the bench that the Union of India has no objection if the apex court monitors the investigation.
Without any “murmur”, the Centre agreed to the monitoring of the case and its transfer for trial outside Manipur.
He said the CBI team, which will conduct the investigation, would include at least one women officer not below the rank of joint director and it will be reporting to the apex court.
When Mehta said the Centre has urged the apex court to transfer the trial outside the state, the bench said, “That is the later stage. Today, we are concerned about the fact that the investigation should proceed properly.”
“That is why without a murmur we said you monitor it. There is nothing to hide,” Mehta responded.
The CJI observed the facts about the women being stripped and paraded, which have been brought before the court, are public knowledge.
“I am surprised that the state of Manipur even today is not in possession of facts,” Justice Chandrachud said. “If these facts are partially true, we are not saying at this stage that there is complicity because that is a matter for investigation…. there are statements by the victims that these people were virtually handed over by the police to the mob,” the bench said.
At the outset, Sibal, appearing for the two women who were seen in the May 4 video, said they have filed a petition in the matter. He said the two victims were opposed to the trial in their case to be transferred to Assam.
Mehta responded to Sibal’s submissions and said the Centre has never said the trial be transferred to Assam. It has only submitted that the trial be conducted in a state outside Manipur.
Sibal alleged the state police had collaborated with those perpetrating violence and said the victims want the matter to be probed by an independent agency in which they have confidence.
The Attorney General said the CBI should continue with the investigation to instil confidence among people.
Senior advocate Colin Gonsalves, who argued for one of the petitioners, pressed for an SIT investigation, saying not much faith was left in the CBI because the Centre unfortunately “closed its eyes” to what was happening in the state.
Senior advocate Indira Jaising said the first task was of building confidence as victims of rape do not talk about it because of the trauma.
Advocate Vrinda Grover referred to an incident where two women were gang-raped and killed in Manipur, and said their families did not know about the fate of their bodies.
Many other lawyers, including advocate Shobha Gupta and Nizam Pasha, also argued.
The apex court had on July 20 observed it was “deeply disturbed” by the video of the two women being paraded naked, saying using women as instruments for perpetrating violence is “simply unacceptable in a constitutional democracy”.
On July 27, the Centre informed the top court it has transferred to the CBI the probe in the case related to the two women who were paraded naked, asserting the government has “zero tolerance towards any crimes against women”.
The Ministry of Home Affairs (MHA), in an affidavit filed through its Secretary Ajay Kumar Bhalla, also urged the top court to transfer the trial outside Manipur for the conclusion of the trial in a time-bound manner. Seven people have been arrested in the case so far.