The Supreme Court on Tuesday issued notice to two accused — Arun Khundogbam alias Nanao and Nameirakpam Kiran Meitei — on the appeal filed by the CBI seeking cancellation of their bail in connection with the 2023 ethnic violence in Manipur, which saw several deaths and the horrific incident of three women being paraded naked, with one allegedly gang-raped.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi sought responses from the two accused, who are said to be among several others involved in the incident.
The CBI had sought cancellation of the bail while challenging a Gauhati High Court judgment which had granted bail to the two accused on the ground that charges had not been framed in the case and the accused had suffered prolonged incarceration for over two years.
The high court had reasoned that the prolonged incarceration due to procedural wrangles had resulted in the violation of the accused’s fundamental right to life and liberty guaranteed under Article 21 of the Constitution.
Aggrieved by the grant of bail, the CBI has filed the present appeal in the apex court for cancellation of the same on the ground that it would seriously compromise the security of the witnesses and tampering with evidence.
Earlier, on August 7, 2023, the Supreme Court, taking note of the scale and gravity of the violence, issued a series of directions. These included the constitution of a three-member committee of former women judges, the induction of senior police officers from various states into the CBI’s special investigation team probing 11 FIRs, and oversight of 42 SITs formed by the state, supervised by officers of DIG rank from outside Manipur under the overall supervision of former Maharashtra IPS officer Dattatray Padsalgikar.
The apex court had said it was adopting the measures to “restore a sense of confidence and faith in the rule of law and build trust, faith and confidence” among the people of the strife-torn state.
The all-woman ex-judges panel was headed by former Jammu and Kashmir Chief Justice Gita Mittal and included Justice Shalini P. Joshi and Justice Asha Menon, former judges of Bombay High Court and Delhi High Court, respectively.
On August 25, 2023, the Supreme Court transferred pre-trial proceedings in 17 CBI-investigated cases related to the Manipur violence to Guwahati, Assam, citing the prevailing situation in the state and the need to ensure a fair and impartial criminal justice process. These cases include the incident involving the alleged gang rape and public parading of the three women.