Gonsalves: There is a conspiracy and it is directed by people who were not on spot. The SIT should look into not only immediate perpetrators but also the larger conspiracy about rapes in Manipur. They're happening in a collective and coordinated fashion.
CJI DY Chandrachud: Are they all male officers?
Gonsalves: Yes
Jaising: We have retired women DGPs also...I can give their names.
Sr Adv Colin Gonsalves: I have names of 5 retired DGPs who can do this...they aren't connected to any political party etc. Can it be done by retired officers? Your lordships said- that if there are sufficient reasons, investigation can be handled by persons retired...
Jaising: The question is who is going to do this job? Their statements have to be recorded in an atmosphere where they feel safe...
CJI DY Chandrachud: So the Manipur state police?
Jaising: No...EO nominated person can be nominated...the critical challenge will be that the evidence doesn't get lost...Are they going to be confronted by male magistrates? Will they be women?
CJI DY Chandrachud: Suppose we do constitute a HPC, the process (of arrests) has to go on. So who does that process in the meantime?
Jaising: Because it is a legal process, it has to be done by law enforcement officers.
Jaising: How many times should a rape victim repeat their stories? They must do it with police, CBI, counsellors...we have seen rape victims absolutely collapse...
Jaising: I can name women who can be in the HPC- Syeda Hameed, Uma Chakraborty, Roshni Goswami....they are all rooted to the issue in the community...they have been in constant communication, they have access to local communities. Let them make a report, bring it to you.
Jaising: Today we don't know that if the CBI starts investigation, women will come out. First there should be a High Powered Committee - with women from civil societies who have experience in dealing with survivors...
Jaising: As far as the law is concerned, victims of rape don't talk about it. They don't come out with their trauma. First thing is to build confidence.