Witnesses to get protection

Tribune News Service
New Delhi, December 5

Noting that “witnesses are eyes and ears of justice”, the Supreme Court today approved the Centre’s draft witness-protection plan and directed states and union territories to implement it forthwith “in letter and spirit”.

A Bench headed by Justice AK Sikri—which okayed the Witness Protection Scheme, 2018—said, “It shall be the ‘law’ under Article 141/142 of the Constitution, till the enactment of suitable parliamentary and/or state legislations on the subject.”

The top court had taken up the issue of witness protection while hearing a public interest litigation (PIL) seeking protection for witnesses in rape cases involving self-styled preacher Asaram.

The draft scheme, finalised in consultation with the National Legal Services Authority and Bureau of Police Research and Development, has three categories of witnesses based on threat perception.

The types of protection measures envisaged under the scheme are to be applied in proportion to the threat and they are not expected to go on for infinite time, but are expected to be for a specific duration on need basis which is to be reviewed regularly.

It envisages safeguards to ensure that witnesses and accused do not come face to face during investigation or trial and adequate security measures should be there for the safety of the witnesses and all possible steps taken for expeditious completion of the trial. The scheme provides for identity protection and giving a new identity to the witness.

Under the scheme, in all district courts in India, vulnerable witness deposition complexes shall be set up by states and union territories by the end of 2019, the Bench said, adding the Centre should support this endeavour by helping states/union territories financially and otherwise.

“One of the main reasons behind establishing these vulnerable witness deposition complexes was that a large percentage of acquittals in criminal cases is due to witnesses turning hostile and giving false testimonies, mostly due to lack of protection for them and their families, especially in case of women and children,” the Bench said.