The Supreme Court on Wednesday said its primary concern in the Manipur sexual violence case transferred to Assam was ensuring a fair and expeditious trial while restoring the confidence of victims and witnesses in the justice system, rather than prolonging disputes over cancellation or grant of bail.
Hearing matters arising out of the Manipur violence cases, the Bench of Chief Justice Surya Kany, Justice Joymalya Bagchi and Justice Vipul M Pancholi noted that the trial in Guwahati was facing logistical and procedural difficulties, including translation issues from the Kuki language and internet disruptions in Manipur affecting virtual participation by victims.
The Court observed that its earlier directions to State Legal Services Authorities were aimed at providing lawyers who understood the victims’ language and local dialect to bridge communication gaps and strengthen victim participation in the proceedings. “We are only keeping it pending for the limited issue because we need to provide to prosecute…Similar problem not only with the victims or their families, but also with the problem with witnesses.”
While counsel for the victims sought cancellation of bail granted to certain accused persons and raised concerns regarding threat perception and the continued absconding status of some named accused, the Justice Bagchi indicated that cancellation of bail would require a very egregious situation coupled with a threat perception on the victims.
Emphasising that the larger goal was a credible adjudicatory process, the Bench observed:
“Our main concern is bringing home the truth through the judicial adjudicatory process… whatever support, confidence and rehabilitative measures necessary, we are inclined to examine this petition from that perspective and ensure a clear conclusion on the finding of guilt or innocence of these accused.”
The Court further stressed that the trial itself should not be delayed because of interlocutory disputes over bail:
“Finally, what matters is whether the prosecutor is able to conduct a fair trial and thereby adjust conclusion with regard to guilt or innocence. The cooperation of the victim and that is our main focus.”
During the hearing, counsel appearing for victims also alleged that three named accused persons, accused of sexual violence and murder, had not yet been arrested and pointed to allegations against police personnel who allegedly abandoned victims to a mob despite their taking refuge in a police vehicle. The Court, however, observed that issues regarding conspiracy, complicity, abetment or dereliction of duty could be examined by the trial court on the basis of evidence recorded during the trial.
The Bench reiterated that the most vital evidence in the case was the recording of the victims’ testimony and cautioned against steps that would delay that process. “Record your versions in court,” the Bench observed while underscoring the need to conclude the trial expeditiously.