'Case of sexual assault of women in viral video transferred to CBI,' Centre asks Supreme Court to transfer trial outside Manipur

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Synopsis

Centre has also said it considers the offences like the present one to be too heinous which deserved to be taken not only with the seriousness it deserved but justice should be seen to be done so that it has a deterrent effect throughout the nation with respect to crimes against women.

The Union government has informed the Supreme Court that the "unfortunate and unacceptable" incident of sexual assault and violence on two women in violence-hit Manipur, has been transferred to the CBI.

It has also requested the apex court to transfer the trial in the case outside Manipur with a direction that the trial should be conducted in a time bound manner within six months after the filing of the chargesheet.

In an affidavit, Home Secretary Ajay Kumar Bhalla said the Union Home Ministry has been continuously monitoring the case since the incident came to light and as many as seven main accused have so far been arrested in the case.

The government asserted that its approach is “zero tolerance towards any crimes against women”.

On July 20, the Supreme Court told Attorney General and Solicitor General that the court was “deeply disturbed”, as it sought personal affidavit of the Union Home Secretary and state Chief Secretary with regard to steps taken with regard to the viral video showing naked parading of two women.

"It is very very deeply disturbing. Please tell us what action has been taken to make the perpetrators pay and to make sure that such actions are not repeated. Using women as an instrument during a communal strife..grossest of constitutional abuse..", CJI had remarked.

The court had then fixed the matter for consideration on July 28, i.e., today.

In the affidavit, Bhalla said the government of Manipur has on July 26, 2023, recommended Secretary, DOP&T for entrusting the case to CBI for further investigation, which has been duly recommended to Secretary, DOP&T by MHA vide letter dated July 27. The investigation shall thus, be transferred to CBI. 

With regard to remedial measures, the government said, the state government has formed District Psychological Support teams for providing mental health intervention at various relief camps through its order on May 18 and July 5, 2023. 

"An all women team of 1 Sr Special (Psychiatrist), 1 Specialist (Psychiatry) and 1 Psychologist from District Hospital in Churachandpur was deputed to assist the victims. However, due to resistance from civil society organizations in Churachandpur, victims could not be approached by state authorities," it added.

In order to prevent repetition of such incidents, reporting of all such cases to the Director General of Police by the Police Station in-charge of the jurisdiction has been made mandatory, it said. 

One senior Police Officer, of the rank of Superintendent of Police will monitor these investigations under the direct supervision of the Director General of Police (DGP). A suitable reward for reporting such incidents and for providing information leading to the arrest of the absconding culprits will also be given, the affidavit stated.

The Centre added that to ensure prevention of such cases and maintenance of law and order in the state, it has, in addition to the existing companies, been providing additional companies of CAPFS with effect from May 3, 2023. 

“124 additional companies of CAPFS and 185 columns of Army/Assam Rifles are presently deployed in Manipur in addition to the local police. A Unified Command comprising representation from all the Security Forces and Civil Administration under the chairmanship of Security Advisor has been established. Focus laid on intelligence gathering in collaboration with the Civil Administration to prevent any such incident in future. 13,782 persons have already been detained/bound down for violating curfew, other laws etc," the affidavit adds.

There is a proposal for aerial monitoring using drones to prevent any crowd gathering and swift action to disperse the crowds. Video recording of any crowds will be made to ensure that law breakers are apprehended at the earliest. The State Government has been advised for trial of the accused by Fast Track Courts, the affidavit states.

Notably, the Supreme Court had earlier this month refused to issue directions to the Indian Army for providing security in tribal areas in Manipur.

The top court bench had added that maintenance of law and order fell within the domain of the elected government and it would be inappropriate for the Court to issue directives to the Army. Court accordingly directed the State and Central governments to ensure protection of life and liberty of citizens in Manipur.

State of Manipur had also informed the Supreme Court on July 3, 2023 that the situation in the state was improving by slowly. 

Case Title: DINGANGLUNG GANGMEI vs. MUTUM CHURAMANI MEETEI & ORS.