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Synopsis

The Supreme Court today allowed trial in cases being probed by Central Bureau of Investigation, relating to Manipur Violence, to be conducted in Assam.

"We are not asking the victims to go to Assam, the evidence will be recorded in Manipur only..", further added a CJI DY Chandrachud led bench.

While refusing to accept the submission made by Senior Advocate Indira Jaising that, on the very first day SG Mehta had assured that it would not go to Assam, the bench also comprising Justice Pardiwala and Manoj Misra has said, "We have to see the logistical issues as well..it is not easy to travel to far of states lile Jharkhand and Odisha..".

When Senior Advocate Colin Gonsalves submitted on victims from hills facing difficulty in travelling, CJI said,

"We have to keep in mind that there are victims in the valley and there are victims in the hills..it would be difficult for both of them to travel..We can say that there can be a designated court in Manipur to record statements of victims..or depose virtually..".

The bench has accordingly issued a bunch of directions on the conduction of trials as follows:

1. We request Chief Justice of Guwahati HC to nominate one or more officers of Judicial Magistrate First class rank and sessions judge..
2. All applications for the production of accused, remand, judicial custody, extension of custody and other proceedings to be conducted on the online mode bearing in mind distance and security issues at the courts so designated as per above stated direction..
3. Judicial custody shall be permitted in Manipur
4. Statement of witnesses under Section 164 CrPC are permitted to be recorded in presence of local magistrate in Manipur
5. Acting Chief Justice of Manipur HC shall designate one or more magistrate for the above purpose
6. Test identification parades shall be conducted in presence of local magistrate.
7. Application seeking search and arrest warrant can be issued by the investigating officer online
8. Guwahati HC CJ shall nominate more judges who are conversant with one or more languages spoken in Manipur

The matter will now be taken up on Friday.

On Monday, the committee consisting of former women High Court judges, namely, Justice Gita Mittal, Justice Shalini Joshi and Justice Asha Menon, formed by the Supreme Court of India to look into diverse aspects of humanitarian nature such as rehabilitation, restoration etc in violence-stricken Manipur had submitted three reports before it.

The three reports submitted by the committee are as follows:

1. First is a report highlighting the fact that several residents of manipur have lost their documentation and need to be provided with the same.
2. Second is on the Manipur victims compensation scheme, stating that same is to be brought in conformity with the NALSA scheme, and
3. The third is a proposal of the committee for appointment of domain experts to help in their work.

On August 7, the top court had appointed said committee, headed by Justice Mittal to look into aspects like relief, remedial measures, rehabilitation, restoration of homes and religious places etc.

A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra had further appointed former IPS officer, Dattatray Padsalgikar, who has wide experience to oversee the investigation by CBI.

"...on the 16 FIRs relating to sexual offences to be transferred to CBI..what we propose to do is that, we are not going to supplant CBI, at the same time to make sure there is sense of faith..we are proposing to direct that there shall be 5 officers at least of Dy. SP rank from various states, who will be brought from different states on deputation to CBI to oversee these investigations...", the bench had further ordered.

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