Supreme Court hears CBI pleas seeking cancellation of bail in a Manipur sexual violence case and directs timely examination of two victim-witnesses.
New Delhi, Oct. 5: The Supreme Court on Monday deferred consideration of the CBI’s pleas seeking cancellation of bail granted to two accused in a Manipur sexual violence case, directing the investigating agency and trial court to ensure that two victim-witnesses appear and have their statements recorded on the scheduled dates.
The matter was heard by the bench comprising Chief Justice of India (CJI) and Justice Bagchi. The CBI sought cancellation of bail, arguing that the accused being out on bail could affect the willingness of witnesses to testify.
Additional Solicitor General (ASG) D.P. Singh, appearing for the CBI, told the court that the victims had been subjected to sexual assault and subsequently paraded and video-recorded. He submitted that the trial had already commenced and expressed concern over the accused remaining out on bail.
Senior Advocate Shadan Farasat, appearing for an accused whose bail had been opposed by the CBI, argued that the trial had not progressed at the pace sought by the prosecution. He said there were 30 witnesses in total and the proceedings were currently examining the second witness.
The court questioned why the victims had not been available for examination.
Advocate Nizam Pasha explained that one of the scheduled dates was a public holiday and the centres where the victims were required to give evidence were closed. The court was also informed that one of the victims was suffering from dengue.
The CJI observed that victims could not be expected to appear if the trial was fixed on a public holiday and directed the CBI to ensure that at least one of the two victim-witnesses, referred to as witnesses No. 2 and 3, appears on the next date.
The CBI maintained that in cases of this nature, witnesses could be reluctant to depose if the accused remained out on bail.
The CJI, however, said witness protection was the responsibility of the authorities. The court observed that if there was evidence that the accused had abused the concession of bail, it would consider the matter without requiring further arguments from the other side.
The court indicated that it would be better to consider the bail issue after the two witnesses had been examined.
In its order, the Supreme Court noted that the trial had been fixed for October 7, October 9 and October 28. It directed the CBI to ensure that the two victim-witnesses are produced on the scheduled dates and that their statements are recorded on those dates.
The trial court was also directed to comply with the Supreme Court's directions, while all parties were asked to fully cooperate with the proceedings.
