Scheme operational till Parliament introduces law; Witness can have separate identity, phone number, etc
Witnesses of criminal trials who fear to depose or turn hostile under duress will now be entitled to 24X7 security cover, pick and drop facility from home to court in a government vehicle. That's not all, they will have a specially designed court room for recording evidence during trial without confronting the accused.
All this forms part of a Witness Protection Scheme enforced by the Supreme Court on Wednesday throughout the country. It will remain operational till the Parliament introduces a law. The SC's judgment has come as a huge support to lakhs of witnesses who out of fear of life, loss of kin, property or reputation, refused to speak the truth, resulting in a high rate of acquittals.
The Court said, "The right to testify in courts in a free and fair manner without any pressure and threat 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."
As per the scheme, a witness who feels threatened or fears for his life needs to approach a Committee comprising the District and Sessions Judge as the head and head of police and prosecution as members situated in each district. The application of the witness with supporting documents shall be sent for a Threat Analysis Report to the district police head who will categorise whether it falls under Category A (threat to life of witness/family), Category B (threat to safety, reputation, property of witness/family) or Category C (moderate threat of harassment or intimidation). Based on the report, the Committee will decide within five days.
Once the Committee approves protection, the responsibility of the witness' security will lie on the State DGP or Commissioner of Police of Union Territory. The witness can choose to have a separate identity, telephone number, change of address, regular patrolling around home, installation of CCTV and alarms outside home. A police escort to and from the court will lead the witness through a separate entry/exit point to a specially designed courtroom with live video links, one way mirror (witness can see accused but not vice versa), screen separating witness and accused, and option to modify the face or voice of the witness to avoid being identified.
A separate fund shall be earmarked by the state/UT as part of budgetary allocation and donations from institutions/organizations or corporate funding. In addition, the concerned States/UTs will sufficiently advertise about the scheme. The recording of such protected witnesses' statement shall be in-camera and all stakeholders (police, prosecution, court staff, lawyers) will maintain full confidentiality about the witness.
Terming witnesses as the "backbone" in the criminal justice system, a bench of Justices AK Sikri and S Abdul Nazeer proceeded for framing a scheme on a petition by four persons who were shot at or threatened for deposing against self-proclaimed godman Asaram Bapu and his son Narayan Sai in rape cases of a child and two sisters. A Witness Protection Scheme 2018 was conceived last month and given the shape of a proposed law by Centre. About 18 states/UTs, five State Legal Services Authorities, the National Legal Service Authority, three High Courts, civil society members, and police personnel contributed to the fine print of the scheme.
SAFETY PATH
- Witnesses in criminal trials to get 24X7 security
- Scheme operational till Parliament introduces law
- Witness can have separate identity, phone number, etc
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