The Apex Court Clarifies Jurisdiction Over CBI-Handled Cases; Trial to Proceed in Guwahati; Manipur Courts to Handle Pre-Trial Steps
TFM Report
The Supreme Court of India has clarified that the sexual violence cases transferred to the Central Bureau of Investigation (CBI) from Manipur will undergo trial in Guwahati courts. The clarification resolves the jurisdictional confusion that had stalled the progress of these sensitive cases.
The Supreme Court’s decision stems from a previous order dated August 25, 2023, in which it directed the transfer of 27 cases related to the violence in Manipur to the CBI to ensure a fair process of criminal justice administration amid the volatile situation in the state. These cases include incidents of molestation, rape, murder, and rioting.
The 27 cases include 20 cases related to molestation, rape, and/or murder of women, three cases involving the looting of weapons, two cases of male murder, one case of rioting, and one case of conspiracy.
” We clarify that the trial of the transferred will be before the concerned courts in Guwahati” the bench observed.
In a detailed order, the Court had asked the Chief Justice of the Gauhati High Court to appoint officers of the rank of Chief Judicial Magistrate and Sessions Judge in Guwahati to handle these cases. It also permitted pre-trial proceedings such as recording statements under Section 164 of the Code of Criminal Procedure (CrPC) and Test Identification Parades (TIPs) to take place under the supervision of local magistrates in Manipur.
Background of the Case
The issue arose from a violent incident on May 4, 2023, when a mob comprising of armed individuals allegedly attacked the village of B. Phainom in Kangpokpi District, Manipur. The attackers allegedly looted homes, destroyed property, and committed heinous acts of sexual violence and murder.
Following a complaint by the village chief, a Zero FIR was registered on May 18, 2023, at the Saikul Police Station. It was later re-registered at the Nongpok Sekmai Police Station in Thoubal District on June 21, 2023. Seven suspects were arrested, and the case was handed over to the CBI on July 28, 2023.
On September 4, 2023, the Special Judge for SC/ST cases in Thoubal rejected the bail applications of the accused, citing the severity of the offenses and the risk of flight. However, the Manipur High Court later ruled that it lacked jurisdiction to entertain further proceedings, pointing to the Supreme Court’s directive transferring the cases to Guwahati.
Legal Confusion and Need for Clarification
The confusion over jurisdiction arose when the Gauhati Special Judge, handling the transferred cases, sought clarification from the Supreme Court on two key points:
- Whether the trial should be conducted in Assam after the filing of the charge sheet.
- The procedures to be followed if any of the accused were found to be juveniles at the time of the offense.
In response, the Supreme Court reiterated that the trials would be held in Guwahati, not Manipur. The Court emphasized that the recording of statements and TIPs could take place in Manipur to reduce logistical challenges for the witnesses and ensure their safety.
SC’s Procedural Directions:
- Nodal Officers: The Ministry of Home Affairs and the Chief Secretary of Manipur must each appoint a Nodal Officer (not below Joint Secretary/Commissioner rank) to coordinate the implementation of the Court’s directions and support the Committee chaired by Justice Gita Mittal.
- Expenses: The Ministry of Home Affairs will cover all expenses related to the Committee’s work (e.g., travel, accommodation, and administration) and reimburse them promptly.
- Accommodation and Security: The Governments of India and Manipur must provide suitable accommodation, facilities, and security for the Committee during visits to Manipur.
- Secretarial Support: The Government and High Court of Manipur must ensure adequate secretarial support for the Committee in Manipur.
- Contact Details: The Nodal Officers’ contact details must be shared with the Committee within a week of the order.
Implications of the Supreme Court’s Ruling
The Supreme Court’s clarification paves the way for the swift commencement of trials, addressing concerns about delays and the right to a speedy trial under Article 21 of the Constitution. This underscores the fundamental right of the accused to a fair and timely trial. The ruling is also expected to streamline the legal process, ensuring that the victims of the Manipur violence receive justice without further delay. The Apex Court’s decision is expected to prevent jurisdictional conflicts and expedite the trial process. The Court has directed the CBI and the State of Manipur to submit a status report on the progress of the investigations within two weeks. The matter is scheduled for further hearing on April 1, 2025.