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SC directs sharing of probe report with Manipur violence victims
The Supreme Court on Thursday directed the final investigation reports in the Manipur violence cases probed by the CBI to be shared with the victims after their families complained of being kept in the dark since their matters were shifting out to Assam in August 2023
The Supreme Court on Thursday directed the final investigation reports in the Manipur violence cases probed by the Central Bureau of Investigation (CBI) to be shared with the victims after their families complained of being kept in the dark since their matters were shifting out to Assam in August 2023.
A bench headed by Chief Justice of India (CJI) Surya Kant said that law mandates a copy of the charge sheet to be given to the victim and directed a copy of the final report submitted by the agency in 20 out of the 31 cases probed by them to be given to them.
Further, to ensure the families are updated about the progress of trial, the bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, further directed the legal service authorities of Manipur and Assam to provide a legal aid lawyer to each of the victim’s family. Further, it permitted the travel and boarding expenses incurred by the lawyer and one family member to be paid by the legal service authority as “legal aid”.
The order came on applications filed by victims who stated that since their cases stood transferred to Assam, they had appeared in the trial virtually and received no update regarding the progress of their cases.
Appearing in two such matters of sexual violence against women during the violence, advocate Vrinda Grover said that the CBI is duty bound to inform the victim about the status of trial. She said it is practically difficult for the victim’s family to travel to Assam and there is no lawyer appearing for them in the court. Further, she added that CBI has been filing status reports in the top court from time to time but the same were not shared with the victims.
The bench noted that section 193(3) of the Bhartiya Nagarik Suraksha Sanhita 2023 (BNSS) provides for the result of investigation to be intimated to the informant who first reported the crime. The provision also talks about intimating the progress of trial to the victim.
Attorney general R Venkataramani appearing for Centre said that the order of the court of August 2023 required providing security to the victims and witnesses. He said that CBI has commenced trial pursuant to filing of charge sheets. He opposed the prayer made by victims claiming that several organisations are seeking to interfere in these proceedings by moving such applications.
The top court while transferring the cases to CBI in August 2023 had directed the investigations to be monitored by former Director General of Police (DGP) of Maharashtra Dattatraya Padsalgikar and had formed a three-member Judges committee headed by justice Gita Mittal, former Chief Justice of J&K high court, to look into issues of rehabilitation and resettlement of victims.
The court opened the latest report received from former DGP Padsalgikar kept in a sealed cover that 31 cases of serious offences and riots were transferred to CBI of which probe is complete in 20 cases. In five cases, FIR has been registered while in the remaining six, investigation is still on and will complete in six months.
The court said, “Victims and their families are entitled to copies of charge sheets filed in their respective cases as it appears from their submission that they are not aware of the status of their trials while they are staying in Manipur and the trial has been shifted to a court in Gauhati.”
The court was further disappointed to note that the three-judges committee headed by justice Mittal has till date received neither any remuneration or funds to cover their travel and boarding expenses. Similarly, even the former DGP was not paid any amount to compensate for the work undertaken. The court directed Centre to immediately pay a sum of ₹12 lakh to justice Mittal, and ₹10 lakh each to the other two former judges - justices Shalini Joshi and Asha Menon along with the former DGP. The court will decide their remuneration later.
The bench agreed to take up the matter in the third week of March.
