States, UTs told to implement witness protection scheme
NEW DELHI: Paving way for a comprehensive witness protection programme, the Supreme Court has directed all states to implement in ‘letter and spirit’ the Witness Protection Scheme, 2018 of the central government till a law is in place.
A bench of Justice A K Sikri and Justice S Abdul Nazeer in their judgment said that the witness protection scheme “shall be the ‘law’ under Article 141and 142 of the Constitution till the enactment of suitable parliamentary and/or state legislations on the subject.”
The court also directed state governments and union territories to set up vulnerable witness deposition complexes having separate witness room, accused room, play area for child witnesses, pantry, separate toilet and an exclusive and comfortable waiting area and are equipped with all facilities of audio-visual exchange for a free interface between the presiding judge, the witness and the accused without the witness facing the accused.
The judgment comes on petition filed by four persons - a witness, father of a murdered witness, father of a child rape victim and a journalist who escaped a murder attempt by goons of selfproclaimed godman Asaram Bapu and his son Naryana Sai. Asaram Bapu and his son Narayan Sai are facing trial in cases of rape of a child and two sisters.
Emphasizing the importance of witnesses in the administration of justice, the court said, “Witnesses are eyes and ears of justice. They are important players in the judicial system, who help the judges in arriving at correct factual findings.”
Among other things, the witness protection scheme provides for usage of specially designed court rooms having special arrangements like live links, oneway mirrors and screens, apart from separate passages for witnesses and accused. There is also the option to modify the image of the witness’s face and to modify the audio feed of the witness’s voice, so that he/she is not identified Terming the condition of witnesses in India as ‘pathetic’, the court said, “There are many threats faced by the witnesses at various stages of an investigation and then during the trial of a case.