New Delhi: The Supreme Court on Monday came down heavily on the Central government and questioned it on why the FIR in the Manipur viral video case, in which two women were allegedly sexually assaulted and paraded naked by a mob, 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) Dr Dhananjaya Yeshwant 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 the state government.
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.
Solicitor General (SG) Tushar Mehta, appearing for Centre and state of Manipur, told the Court that the government has nothing to hide. This court can monitor the investigation of the case.
Kapil sibal, appearing for the two victims, opposed the CBI probe and transfer 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 OK with it.
The CJI led bench wanted to know from the SG Mehta that how many FIRs have been registered against the accused persons till date in such cases and violence.
He 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 kind of cases are taken care of and appropriate measures must be taken.
Sibal argued that it is clear that the police were collaborating with the perpetrators of the violence. While they sought protection of the police, they took them to the crowd abandoned the jeep and did this, and how we depend on an agency to handle it,?
The father and brother, of one of the victims, is allegedly killed by the perpetrators and we even don't know that 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 case and I don't know how the Attorney and Solicitor will verify and supervise the Case,? Sibal said.
The state and Centre is completely unaware till today as to how many FIRs have been registered so far, this says everything about the sad state of affair in the case, Sibal said.
SG Mehta reiterated that the central government shares the concern of Mr Sibal. 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?
Many intervenors have submitted their arguments urging the SC to take appropriate directions in the matter.
The intervenors said that the 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 be duly taken care and in the process of dispensation of justice, Shobha Gupta, lawyer for one intervenor told the CJI bench.
Lawyer Vrinda Grover, appearing for womens 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 situation. we can't put a blind eye to the crime, Grover said, and questioned the state governmentt 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 is there, not only in Manipur.
Lawyer Bansuri Swaraj, for one intervenors, said that more than 9,000 cases are there of violence against women have come to light in only 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.
Bansui urged the SC to protect all daughters of India and don't confine it to Manipur only. My humble prayer is to have a same mechanism for all the daughters of India and in all states.
The Supreme Court questioned, the SG as what was the police doing from May 4th to 18th? An incident came to light that women are being paraded naked- atleast 2 were raped. What was the police doing?
The SG replied that soon after the video surfaced and went viral, the accused persons were arrested.
The Top Court expressed its anguish and unhappiness over the delay in registration of FIRs and what the police was doing.
We are concerned with the fact that the investigation must proceed the CJI said.
The State of Manipur even in today, is not aware of many facts.
"It (this Manipur inident) shook our conscience. It is not like Nirbhaya kind of case. It is a horrendous case. The violence is going unabated. We are deeply concerned with it. We can evenly send judicial officer, and who can give us a dispassionate informations wrt rehabilitation and etc etc.
"Time is running out. 3 months have gone out. Evidence may be gone out. Who will give evidence? Who will give witness to this case?, the CJI observed.
The SC wanted to know from the AG/ SG that whether they can give some names of Judges and suggestions for the formation of an SIT may be, Justice Chandrachud observed.
As far as, framing of issues with respect to rehabilitation and etc etc, are concerned, we have to rebuilds lives here onwards. A lot has been lost. But not all has been lost. We need reassurance which will help in rebuilding lives.
"We need to ensure faith in the community, rule of laws, constitutional process."
"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 govrernment doing and 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," Justice Chandrachud asked the Advocate General (AG), the top law officer of state of Manipur government.
We are not only to one video. We are entirely worried for the kind of violence that had happened and what going on in the state of Manipur, the CJI asked.
The SC to continue the hearing into the Manipur sexual assault video case tomorrow at 2 pm. (UNI)
