Govt’s witness protection project stalled?
A Law Commissionrecommended witness protection programme to safeguard public interest in criminal cases appears to have hit a roadblock for the time being as there is no consensus among states on starting it.
In an affidavit filed before the Supreme Court, the Centre said the Commission’s ‘198th Report on Witness Identity Protection and Witness Protection Programmes’ of 2006 was forwarded to states for inputs because the Criminal Procedure Code (CrPC) is a subject of the concurrent list and is administered through local governments.
The scheme also involves large-scale financial commitment from states.
Since response from states was not positive, the Centre entrusted the Bureau of Police Research and Development (BPR&D) in November 2016 with the task of examining the concerns raised by them regarding the feasibility of the programme and also look into the financial implications of the scheme.
“Law commission’s report, if accepted, was to be implemented through administrative measpublic ures by the states,” submitted the Union ministry of women and child development.
“There is no consensus amongst the states on it,” stated the ministry affidavit, filed before a bench headed by Justice MB Lokur, which is hearing a interest litigation (PIL) on safety of women. The PIL was filed after the gruesome gangrape and murder of a 23-yearold in moving bus on December 16, 2012.
Senior advocate Indira Jaisingh — who is assisting the court in the case — said it was unfortunate the scheme has not received much support and is a setback to secure conviction in rape cases.
“Victims of sexual assault need protection from day one because its difficult to navigate the system alone. Also, its not all about the victim getting justice. Its in public interest that rape accused gets convicted. Administration has to ensure rapists do not reach the victim and pursuade her to drop prosecution,” she said.
The affidavit said a reminder was sent to the BPR&D in September regarding the matter. “The contour of this programme to be implemented meaningfully is also a term of examination by the BPR&D,” is added.
Recently, a separate bench headed by Justice AK Sikri issued notices to the Haryana, Rajasthan, Madhya Pradesh and Gujarat government over another PIL on a National Witness Protection programme initiative.
The petition has been filed by several witnesses in the Asaram Bapu Rape case. During one of the hearings, the bench had expressed concern over the growing trend of witnesses turning hostile in criminal cases, saying it “shakes public confidence in criminal justice system.”
The latest affidavit on the issue in the SC comes despite the Centre admitting the need to have a legal provision to protect witnesses. In 2007, the UPA government had informed the court that it was planning to bring in a new law and opposed a general direction to provide protection to all witnesses.
NEW DELHI: COMMISSION’S REPORT WAS SENT TO STATES FOR INPUTS WHICH WERE NOT POSITIVE AS THEY RAISED CONCERN OVER FEASIBILITY