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The bench also wondered why he had not approached the HC to which Bhushan said he moved the SC as it’s already dealing with Manipur matter in general. (PTI Photo)
The Supreme Court on Friday asked a Kuki outfit that cited some allegedly “leaked tapes” to accuse Manipur Chief Minister N Biren Singh of having a role in the state’s ethnic violence and demand a probe into it to produce material proving the authenticity of the “tapes”.
“Before the court can consider the submissions which have been made on the basis of an audio clip, we deem it appropriate to grant the petitioner time to file before this court the material indicating the authenticity of the clip,” ordered a three-judge bench presided by Chief Justice of India D Y Chandrachud.
Advocate Prashant Bhushan, appearing for the petitioner Kuki Organisation for Human Rights Trust, told the bench also comprising Justices J B Pardiwala and Manoj Misra that the audio from a whistleblower was of a meeting of the CM and showed he “fuelled the insurgency… allowed the arms to be looted” and “protected the people who looted the arms”.
Solicitor General Tushar Mehta said the matter is under investigation and wondered why he (Bhushan) did not approach the High Court. “Merely because Mr Bhushan practises here doesn’t mean that he can’t go under Article 226 (to HC). The HC is fully functional. I can understand some unprivileged person approaching the HC directly. Whistleblowers can always go to the HC,” said the SG.
The bench also wondered why he had not approached the HC to which Bhushan said he moved the SC as it’s already dealing with Manipur matter in general.
Bhushan said he had submitted the tapes to the Justice Ajay Lamba Commission appointed by the Government.
Mehta said the Manipur CM “is meeting all the Kuki MLAs trying to improve the situation to ensure peace prevails. Whistleblowers are interested in ensuring that peace does not prevail. Let them go to the HC”.
The CJI then asked “what’s the authenticity of these audio clips?” He added that the SC is concerned about overriding the authority of the HC. “What we will do is this — you place some material on record which will lead us to have some prima facie confidence in the credibility of your audio clip,” the CJI added.
“You can file an affidavit indicating the source from which it came,” the CJI said. Bhushan said “the source has been threatened with his life”.
The court said he can give it in a sealed cover, to which Bhushan said he will, however, not be able to disclose the source.
Bhushan wanted the court to seek views of the Lamba Commission but the bench declined.
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