The Supreme Court on Monday questioned why the entire available leaked audio clips, which a plea alleged pointed to the role of former Manipur chief minister N Biren Singh in the 2023 ethnic violence, were not sent for forensic examination. The top court said it was "little disturbed" by the affidavit filed on behalf of the petitioners on November 20 that "states to the effect that only select clippings were sent". The court asked the government authorities why the entire available leaked audio clip of around 48 minutes was not sent to Gujarat's National Forensic Sciences University (NFSU) for examination. The NFSU had virtually given a clean chit, saying the leaked audio clips were "tampered with". Singh resigned as the chief minister of Manipur on February 9, amid rumblings within the state BJP and growing demands for a change in leadership.
On Monday, an apex court bench of Justices Sanjay Kumar and Alok Aradhe expressed unhappiness, saying it was "little disturbed" by the affidavit filed on behalf of the petitioners on November 20 in the matter. The counsel appearing for the respondents said the affidavit was not served upon them. "Now this affidavit, which according to you has not been served upon you, states to the effect that only select clippings were sent...," the bench said. Advocate Prashant Bhushan, appearing for the petitioners, said that probably the full audio clips filed by them were not sent to NFSU. When the counsel for the respondents said they would respond to the affidavit, the bench asked why the full material was not sent to the NFSU and observed, "But why should time be wasted again?" The bench then sought to know "how much is the material actually available?" Bhushan said the total audio tapes were of roughly 56 minutes and the petitioners have filed 48 minutes in the court. He said the remaining part of the audio clips identifies the person who made that record, and if his identity was disclosed, his life could be in danger. "Once the entire tape was available with you, the entire tape ought to have been sent to the NFSU. Why should they send only this limited one?" the bench asked. Additional Solicitor General Aishwarya Bhati, who appeared in the matter, sought a week's time to respond to the affidavit. The bench observed that the audio clips of 48 minutes ought to have been sent to the NFSU. Taking the affidavit on record, the bench fixed the matter for hearing on January 7, while noting that Bhati has sought some time to respond to the affidavit. The apex court was hearing a petition filed by the Kuki Organisation for Human Rights Trust (KOHUR), which has sought an independent SIT probe into the matter. On November 3, the apex court observed that the NFSU has said that the leaked audio clips were "tampered with".
According to NFSU's report, the audio clips exhibited signs of editing and tampering and were not scientifically fit for forensic voice comparison, the court had said. Bhushan had referred to a separate forensic report and said it had found that one of the recordings was unedited. On August 19, the top court expressed displeasure over the Central Forensic Science Laboratory's (CFSL's) exercise to test the audio recordings, calling it "misdirected". The court said it hadn't asked about the authenticity of the audio clips but directed testing of the voice samples. While hearing the plea on August 25, the apex court referred the matter to NFSU, Gandhi Nagar, to examine the audio clips in question to determine whether they were modified, edited or tampered with in any manner. It had also asked the NFSU to determine whether the voice in the disputed audio clips matches the voice in the admitted audio clip, so as to give a clear finding that it was the same person who was speaking in all the audio clips. On May 5, the apex court examined a forensic report on the authenticity of the leaked audio clips and asked the state government to file a fresh report on the probe. The top court had previously sought a sealed-cover forensic report from the CFSL on the authenticity of the leaked audio clips. Over 260 people were killed and thousands displaced since the ethnic violence broke out between the Imphal valley-based Meitei and neighbouring hills-based Kuki communities in May 2023. The clashes began after a 'Tribal Solidarity March' was organised in the hill districts to protest against an order of the Manipur High Court on the Meitei community's demand for Scheduled Tribe (ST) status. Bhushan had alleged that the recorded conversation prima facie showed the complicity and involvement of the state machinery in the violence against the Kuki Zo community. KOHUR's plea alleged that Singh was instrumental in "inciting, organising and thereafter centrally orchestrating the large-scale murder, destruction and other forms of violence against the Kuki-dominated areas in Manipur".