The Supreme Court on September 15 clarified that the local magistrates nominated by the Acting Chief Justice of Manipur High Court will record the statements of witnesses and victims in 27 cases connected to the Manipur ethnic violence which were transferred to the CBI.
A Bench headed by Chief Justice of India D.Y. Chandrachud was clarifying an order passed by the Supreme Court in this regard on August 25.
The Manipur High Court had sought the clarification. The apex court order in August had said the statements under Section 164 of the Code of Criminal Procedure would be recorded “in the presence” of the local magistrates.
The High Court had enquired whether the magistrates had to be merely present at the recording of the witness/victim statements or record it themselves.
The court said the magistrates should be physically present to record the Section 164 statements of the witnesses and victims residing in Manipur, ensure they are signed and send them on to the designated courts in Assam for the pre-trial proceedings.
In cases in which the witnesses or victims are outside Manipur, the magistrate in whose jurisdiction they are temporarily residing would undertake to record their statements and forward them to the designated Gauhati court.
Advocate Vrinda Grover, for the petitioners, said Section 164 statements are recorded under oath and confidential in nature. Only the magistrate and the witness/survivor ought to be present at the time of the recording of the statement.
Similarly, the Supreme Court said the Test Identification Parade of the accused persons would be done by the local magistrates in Manipur.
The Bench said the parties were at liberty to directly approach the apex court in case of any difficulty.
The court scheduled the Manipur violence case for hearing next on September 22.
