Putting an end to the country's long wait for a programme to ensure safety of witnesses, the Supreme Court has approved a Witness Protection Scheme drawn by the government. It has asked the Centre, states, and Union Territories to “enforce it” it “in letter and spirit”. Approving the scheme, a bench of Justices AK Sikri and S Abdul Nazeer said, “The right to testify in courts in a free and fair manner without any pressure and threat whatsoever is under serious attack today. If one is unable to testify in courts due to threats or other pressures, then it is a clear violation of Article 21 of the Constitution. The right to life guaranteed to the people of this country also includes in its fold the right to live in a society, which is free from crime and fear, and the right of witnesses to testify in courts without fear or pressure.”
The bench also 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 question of witness protection had come up in a PIL seeking protection for witnesses in cases against Gujarat-based preacher Asaram Bapu. The witness protection scheme by drawn by the Centre this year with inputs from 18 states/UTs, legal services authorities of five states and open sources including civil society, three High Courts and police personnel. It was created with the aim to “to ensure that the investigation, prosecution and trial of criminal offences is not prejudiced because witnesses are intimidated or frightened to give evidence without protection from violent or other criminal recrimination.”
The bench referred to the significance of witnesses in criminal trials and added that despite this, “the conditions of witnesses in Indian Legal System can be termed 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… These witnesses neither have any legal remedy nor do they get suitably treated. The present legal system takes witnesses completely for granted. They are summoned to court regardless of their financial and personal conditions” and are “not even suitably remunerated for the loss of time and the expenditure towards conveyance etc”. Expenses for the programme will be met from a Witness Protection Fund to be established by states and Union Territories.
The brand new programme identifies “three categories of witnesses as per threat perception”.
- Category A: Those cases where threat extends to life of witness or family members during investigation, trial or even thereafter.
- Category B: Those cases where the threat extends to safety, reputation or property of the witness or family members during the investigation or trial.
- Category C: Cases where the threat is moderate and extends to harassment or intimidation of the witness or his family members, reputation or property during the investigation, trial or thereafter.
The bench has also asked all states and Union Territories to set up vulnerable witness deposition complexes, as required by the Scheme, by the end of 2019. These rooms will be equipped with facilities to prevent the accused and witness coming face to face.
