Thread by @barandbench

The two women seen in the Manipur sexual violence video have moved the apex court seeking probe into the case by an SIT led by an independent IG rank police official.

A bench led by CJI DY Chandrachud to hear the matter today.

#SupremeCourt #SupremeCourtofIndia #ManipurViolence

The two Kuki-Zomi women have sought security for them while seeking a direction for recording of their statement u/s 164 CrPC by the nearest area magistrate.

#SupremeCourt

Matter to be taken up shortly
#SupremeCourt #ManipurViolence

Bench hears a related plea by Mayanglambam Meeitei

Sr Adv Madhav Divan: If the bench needs more information about the petitioner..

CJI: These are sometimes not genuine petitions. Plea seeks SIT probe fuelled by so and so immigrants.. then you want probe by NHRC.. then… twitter.com/i/web/status/1…

Divan: we need a long lasting solution..

CJI: We already have a clutch of petitions....

Divan: that is on violence.. what when the immediate problem is addressed

CJI: This plea involves all from environment ministry, NHAI etc

Divan: drug problem is a serious problem..there is… twitter.com/i/web/status/1…

CJI: We will say at this stage you will withdraw and pursue such remedies as available under the law.

The other clutch of pleas on #ManipurViolence to be taken up shortly

Sr Adv Kapil Sibal: I appear for the two women who were paraded

CJI: We will take it over at item 36. Let SG Mehta come

#ManipurViolence

Sr Adv Sibal: I appear for the two women who were paraded. We have redacted their names

CJI: We are taking all Manipur matters together now

Sibal: I have a limited prayer..

CJI: Let us resume in 2 minutes and take this up

#SupremeCourt #ManipurViolence

Sibal: in the main matter it has been suggested by the Centre that investigation will be handed over to the CBI

Sr Adv Vrinda Grover: i am representing a network of women, it is a comprehensive writ petition.. women have been gangraped...we filed it today morning and we got a… twitter.com/i/web/status/1…

SG: Mr Sibal says they are opposed to trial in Assam.. We have said let it be transferred to anywhere outside Manipur..

Sr Adv Vrinda Gonsalves: victims outside the state are in danger.. how do they approach the local courts

Sr Adv Indira Jaising: in my intervention it is said… twitter.com/i/web/status/1…

AG R Venkataramani: we tried to distill the scenario.. we wanted to have a CBI investigation so that there is instilling of confidence. Who can be better assistance to the court than the Attorney to this court... we must ensure that some element of order is in this.. if there is… twitter.com/i/web/status/1…

CJI: The video of these three women is not the only instance of sexual assault and there have been many such incidents and this is not an isolated incident. we will deal with that justice is done to these 3 women.. but we also have to see the wider issue of violence against women… twitter.com/i/web/status/1…

Judges discuss #ManipurViolence

CJI: We broadly understood the rival viewpoint. We will hear both the sides briefly and we will then take a call on the correct course of action. We do not have an evidentiary record now ... let us hear the petitioners and then come back to AG and SG Mehta. #ManipurViolence

Sr Adv Sibal: it is clear that police were collaborating with those who perpetrated the violence against the two women.. the police took the two women to the crowd... they took them to the crowd... abandoned them and then what happened has happened. #ManipurViolence

Sibal: one of the woman.. her father and brother were killed.. we still do not have the body.. only when this court took cognisance.. something really happened.. what happens when state acts against them who exists to protect the citizens.. May 4 the incident took place.. the… twitter.com/i/web/status/1…

SG: Govt of India shares the concern of Mr Sibal..Govt of India has NO OBJECTION to the Supreme court monitoring the investigation. This shows the transparency

Sr Adv Indira Jaising: union states that close to 5355 FIRs have been lodged but there is no disaggregation of the… twitter.com/i/web/status/1…

Jaising: in a past case where prayer was made for SIT.. There was a process before that.... I am more on the mechanism. there may be a need to lodge new FIRs.. victims of rape do not talk about it.. they are in trauma.. the first step is to instill confidence in them and help… twitter.com/i/web/status/1…

CJI: What is timeline we are looking at..?

Jaising : 4 weeks.. they will also have random conversations.. but they will speak to women of all communities and no specific one.. all those who have been raped.. the three woman named by us.. they have the confidence of the woman who… twitter.com/i/web/status/1…

CJI: should the Manipur police do it?

Jaising: let the Union name a person who will record the section 164 statements.. but then will they be presented before male magistrates and then be ferried.. it has to be seen who will accompany them ..or be thrown to the wolves?… twitter.com/i/web/status/1…

Jaising: CrPC has to be followed.. transferring it outside... ? where is the witness protection program? where is it? it does not mean security guard outside the house.. it means change of identity, change of name etc.. all these modalities have to be worked out.. an atmosphere… twitter.com/i/web/status/1…

Sr Adv Colin Gonsalves: we are asking for a SIT. We have named three retired DGPs from UP, one retired from Assam. They are known to be independent and they will work independent of any political interference. all journalists who went to cover were informed that women were under… twitter.com/i/web/status/1…

Gonsalves: CBI should not be at the scene at all.

Adv Shobha Gupta: There has to be an SIT for confidence building measures. A team should be sent from here under aegis of SC- to meet and get victims' first hand statements. On basis of that FIRs should be noted and this was… twitter.com/i/web/status/1…

Adv Gupta: They need to be rehabilitated and legal aid from NALSA, fast track courts should be established. three months they have been in the relief camps.. their homes etc were burnt... 1,000 people etc had attacked and created arson and rioting and still there was no action… twitter.com/i/web/status/1…

Adv Vrinda Grover: there have been many cases of rape... there were 2 woman who worked at a car wash centre.. a mob approached them and since they were Kuki.. they were gang rapedm tortured and murdered.. the families are in relief camps.. no one knows where the bodies are...… twitter.com/i/web/status/1…

Grover: Section 376D is a standalone gang rape section... it considers rape committed during sectarian or communal violence. Most of the woman are from kuki community... #ManipurViolence

Grover: FIRs do not invoke Section 15A of the SC ST Act... this includes compensation etc.. please see the Mohammad Haroon judgment. #manipurviolence

Grover: Please see the In Re: violence in Lakhimpur Kheri case...

AG: we do not have the copy of the petition

SG: This is not even on board...

CJI: Mr AG these are grievances... in order we will not say provide ration etc... but this will excite our emotions on this..… twitter.com/i/web/status/1…

Grover: what is the status of relief camps.. can local commissioners be appointed by this court on what is the status at the relief camps.. effective steps can be taken in this regard... for women who can go as a team i can give a few numbers... for section 164 statement… twitter.com/i/web/status/1…

Sr Adv Sibal: though violence against women is central.. their brothers and fathers etc have been killed.. let this aspect be also looked into #ManipurViolence

Sr Adv CU Singh for SCAORA: SCAORA has unanimously resolved to offer assistance in any manner required, whether it is in terms of legal assistance, or for teams to be sent

Adv Nizam Pasha: I have cited 9 FIRs... and there are 5 more instances where we could not trace the FIR... There are 14 instances in all. out of the 9... 4 notes police were complicit or were perpetrators of the crime itself. Let the case be handed over to the SIT.. and pursuant… twitter.com/i/web/status/1…

Adv Pasha: compensation does not have to await trial and may be disbursed at the stage of recording statement itself. These 9 FIRs should be added to the list of probe as well.

Adv Bansuri Swaraj: along with the case.. there have been horrific cases of rape in Bengal etc...… twitter.com/i/web/status/1…

CJI: We are dealing with something on unprecedented magnitude of violence against women in communal and sectarian violence. But this cannot be gainsaid that crimes are happening against woman and in Bengal also but here the case is different. Tell me what is the suggestion from… https://t.co/su7wK0ZroTtwitter.com/i/web/status/1…

Swaraj: all pan india daughters have to be protected... there were 9000 FIRs in Bengal but 3% only were acted upon... in Rajasthan also the same thing happened.

CJI: Are you saying protect all pan india daughters. or do not protect anyone?

Anyways we will move on… twitter.com/i/web/status/1…

CJI: We will hear the Attorney General now.

Bench to resume at 2:30 pm

#ManipurViolence

AG: Let me preface by stating that we are engaged in a complex engagement. If somebody has to analyse the situation in Manipur not only in terms of crimes being committed.. that is a linear view. we have to see what is triggering it and we land in a landmine of issues..… twitter.com/i/web/status/1…

AG: There are range of cases where the courts have framed a SIT. I am not saying do not order a SIT.. Let the court find out a way for peace.. but to say state should not have a role at all is wrong. state must also have a role.. let me gather all the information...

CJI:… twitter.com/i/web/status/1…

Sr Adv Colin Gonsalves: Zero FIR was registered on May 18.. and Transferred FIR on May 21.

SG: yes FIR was registered on May 18.. but it did not give details.. there were several FIRs

CJI: How many?

SG: 20 in the police station..

CJI: When was it transferred to… twitter.com/i/web/status/1…

CJI: What was the police doing for 14 days to register the FIR? 14 days for a zero FIR? Why?

Incident has taken place.. govt has taken note of it... that is why transferred to CBI... this is a state which has common border..

CJI: There cannot be any justification for registering a zero FIR.. What stood in the way of immediately registering FIR.. three women were paraded ..// 2 were sexually assaulted../

Pasha: statement under section 161 was recorded after this court took cognizance

CJI: how is… twitter.com/i/web/status/1…

CJI: you said 6,000 FIR registered in Manipur.. what is the bifurcation.. how many crimes against women... how many offences against women in particular.. offences of damaging public property, religious sites

SG: That bifurcation is not available. we will submit in 48 hours… twitter.com/i/web/status/1…

CJI: Inform us how many such zero fir registered,, are there any 156(3) offence, what kind of legal aid are we providing, also is this the only standalone incident where there is perpetration of violence against women.. how many such FIRs are there.

SG: the CBI team will have… twitter.com/i/web/status/1…

CJI: There is also a great need to have healing touch in the state of Manipur. The violence is going unbated and the court appointed team sends a message that highest court has taken note of.. the judges and officers can be appointed to go who can provide a dispassionate picture… twitter.com/i/web/status/1…

CJI: We would also want to know the package for the rehabilitation and restoration being provided to Manipur ..those who lost their homes etc

SG: we will come back with all the data and details

CJI: we have ensure that merely entrusting it to SIT or CBI will not suffice.. we… twitter.com/i/web/status/1…

AG seeks 3 months time

CJI: but we are tight on time.. all evidences would be gone by then... look at the Imphal car wash incident.. I also read about it.. who will give a statement as to what happened there. Ultimately if we do accept request of SIT.. please give us your names… twitter.com/i/web/status/1…

CJI: we are concerned with rebuilding lives and human life is still in existence. we need objective assistance. One thing we can do is to have a committee of woman judges and domain experts or to have a committee of woman and male judges. If we are not satisfied with what has… twitter.com/i/web/status/1…

CJI: We can have the answers from the state tomorrow and take it tomorrow morning

SG Mehta: but logistically it will not be possible..

CJI: but all FIRs are online and sub headings are already there.. from day after Article 370... so no chance. we will have it tomorrow… twitter.com/i/web/status/1…

CJI: our aim is to maintain faith in the constitutional process, faith in rule of law and also faith of the communities...

AG: We need some more time

CJI: Manipur will have these details.. let them come back tomorrow.. article 370 has all first five judges.. so benches will… twitter.com/i/web/status/1…

Sr Adv Jaideep Gupta appearing for the Global Meitei foundation

CJI: Please know that and be rest assured that it is our duty to attend to this violent acts irrespective of caste etc. I know seniors have appeared from Kukis etc.. but be assured we will look at this irrespective… twitter.com/i/web/status/1…

CJI: in situation of sectarian strife you cannot postulate that people from only one community is at the receiving end. #ManipurViolence

Adv: there are videos who were executed in public view

CJI: be rest assured that we did not only read case papers.. I have also seen the video. That video was the point of national outrage and why we took note of the case. #ManipurViolence

CJI: We will take this up at 2 pm tomorrow #supremecourt

CJI: Ms Jaisingh, Ms Grover, Sr Adv Sibal.. please put together your points in one page for us...

Jaising: yes will be done...also end of violence will happen only if a non partisan committee goes.. under monitoring of supreme court.. the committee can be named truth and… twitter.com/i/web/status/1…