New Delhi | The Supreme Court on Monday directed the CBI and the trial court to ensure that two key victim-witnesses in a sexual violence case linked to the 2023 Manipur ethnic clashes appear and testify without further delay.

A bench headed by Justice Surya Kant and comprising Justices Joymalya Bagchi and V. Mohana issued the direction while hearing CBI pleas challenging the bail granted to two accused in the case.

The court directed the CBI to ensure the presence of the two victim-witnesses before the trial court on October 7, 9 and 28, when their statements are scheduled to be recorded. It also directed the trial court to comply with the order and asked all parties to cooperate with the proceedings.

The CBI opposed the release of the accused on bail, arguing that their presence outside jail could discourage the survivors from appearing before the court.

Additional Solicitor General D.P. Singh, appearing for the CBI, told the bench that the victims had allegedly been subjected to sexual assault, paraded and filmed during the violence. He argued that the trial had already commenced and that securing their testimony was crucial.

“In cases of this nature, if the accused are out, nobody will depose,” Singh submitted. The bench, however, emphasised that protecting witnesses was the responsibility of the authorities. “It’s your obligation… witness protection,” the court said, adding that it could reconsider the bail granted to the accused if it found that the concession was being misused.

The court indicated that it would consider the bail challenge after the two victim-witnesses had been examined. Senior advocate Shadan Farasat, appearing for one of the accused, argued that the CBI had not proceeded with the trial as quickly as required. He pointed out that around 30 witnesses were involved and that the proceedings were currently at the second stage.

Justice Bagchi questioned why the two victims had not yet been examined.

Advocate Nizam Pasha, appearing for the complainant, told the court that the previous date fixed for recording evidence had fallen on a public holiday, when the centres where the victims were scheduled to depose were closed. The court was also informed that one of the victims was suffering from dengue.

The bench observed that victims could not be expected to appear if their examination was scheduled on a public holiday, but directed the authorities to ensure that at least one of the witnesses appears on the next date. The latest proceedings form part of the Supreme Court’s continuing monitoring of cases arising from the Manipur violence.

The court has previously expressed concern over deaths in relief camps housing people displaced by the violence and sought details from the Manipur chief secretary on investigations, criminal proceedings and the safety of camp residents.

The Supreme Court has also asked the Manipur and Assam governments and other authorities to consider setting up two special trial courts to exclusively hear cases investigated by the CBI and the National Investigation Agency in connection with the 2023 violence.

The Manipur violence began on May 3, 2023, following a tribal solidarity march in the hill districts over the demand for Scheduled Tribe status for the majority Meitei community. The clashes resulted in deaths, injuries and large-scale displacement.

The court’s latest order seeks to ensure that the two victim-witnesses’ statements are recorded before it takes up the CBI’s challenge to the bail granted to the accused.