Manipur violence | 'Not an isolated incident': SC on viral assault video

The Manipur police faced intense scrutiny from the Court as the bench, led by Chief Justice of India DY Chandrachud, raised crucial questions.

The bench inquired, "The incident was of May 4 and the zero FIR was registered only on May 18. Why did the police take 14 days to register the FIR?What was the police doing from the 4th of May till 18th of May?"
 

Supreme Court on Monday posted the Manipur violence matter for 1 August at 2pm.

The counsel representing the Meitei community asserts that numerous videos, not just one, have gone viral, depicting public executions.

In response, CJI Chandrachud assured the Meitei community's lawyer that they have not solely relied on case papers. The Chief Justice affirmed that he has viewed the video which sparked national outrage. 

The court considered forming a committee to engage with the victims and record their statements for initiating criminal proceedings. 

Additionally, it inquired about the level of legal assistance extended to the victims by the government and the steps taken for their rehabilitation. "Our idea is ultimately that we restore the faith of the community - in constitutional process. That's the message we need to send", CJI said. 
 

Chief Justice of India DY Chandrachud said, "There are statements by the victims that they were handed over to the mob by police. This is not a situation like 'Nirbhaya'. That was also horrific but it was isolated. This is not an isolated instance."

"Here we are dealing with systemic violence which IPC recognises as a special offence. In such case, is it not important that you should have a specialised team?There is a need in the State of Manipur to have a healing touch. Because the violence is continuing unabated," he added, reported Live Law.  

Chairman Jagdeep Dhankhar adjourned the upper house or Rajya Sabha of the Indian Parliament as Opposition protests continue. 

As soon as the Upper House reconvened, Chairman Dhankhar decided to adjourn the session within minutes due to ongoing protests by the Opposition. The resumption of House proceedings are now scheduled for Tuesday at 11.00 am.
 

During the hearing, one intervenor requested the court to take cognisance of crimes against women in West Bengal.  

"There is no gainsaying the fact that crimes against women are taking place in all parts. The only answer is this. You cannot excuse what is taking place in one part of the country like Manipur on the ground that similar crimes are happening in other parts too. Questions is how do we deal with Manipur. Mention that," the CJI replied. 

"Are you saying protect all daughters of India or don't protect anyone?," CJI questioned the counsel.

Senior Advocate Colin Gonsalves during the hearing said, "There is not much faith in CBI- the reason for that is that the Central government closed its eyes on Manipur. The people in Manipur, the victim, could not distinguish between State govt and Central govt- they acted in unison. Kindly consider not having CBI at all."

During the hearing, the CJI said the May 5 incident was not an isolated incident in the state, ever since the violence first broke out. 

"This video came to light which led us to ask you (AG) and SG to assist us. But this video is not the only assault on women. Number of other such incidents...so this is not an isolated incident," said CJI DY Chandrachud. 

"We also have to make a mechanism to see the broader issue of violence against the women. This mechanism should ensure that all such cases are taken care of."

Rejecting the PIL, CJI Chandrachud said the petition was not amenable to judicial standards, to which senior Advocate Madhavi Divan replied, "It's right to not have one sided prayers. We can reframe it to have independent inquiry."

"At this stage, we will say withdraw it and pursue remedies available under law," added CJI. 

Commenting on a PIL seeking SIT for Manipur violence, CJI Chandrachud said "it is very difficult to entertain" the petition as "it places blame on one community". 

"It says declare this group responsible...framing SIT to investigate violence fueled by so and so immigrants. You can come with a more specific petition...This petition has everything from violence to narcotics to deforestation. Can Article 32 control that?" he added. 

Supreme Court Advocates-on-Record Association (SCAORA) as well as the Supreme Court Bar Association (SCBA) have condemned the violence taking place in Manipur, referring to the distressing video of the two women. 

On Sunday (July 30), one of the two women who was paraded naked by a mob in Manipur on May 4, urged the newly minted opposition alliance INDIA to help her see the bodies of het husband and son, who were killed on the same fateful day. 

Apart from the writ petition, a PIL has also been filed in the matter which seeks an independent expert committee under the leadership of a former SC judge to inquire into the the incidents oif sexual assault and violence in the northreastern state of Manipur. 

It was on July 20 that the Supreme Court took suo moto cognisance of the issue and directed the central and state government to pull up their socks. The court, in blunt terms, stated taht it was giving a little period to the government to take action but if something was not done soon, it would step in. 

According to the court documents, the identities of the two women have been concealed as 'X' and 'Y' in the petitions. 

Alongside  CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra will hear the writ petition filed by the two women.