The issue of witness protection came up during the hearing of a PIL filed by a witness in the rape case involving self-styled Godman Asaram Bapu and his son Narayan Sai.
Supreme Court on Friday directed Centre to draft a scheme for witness protection in the country along the lines of provisions as specified in the National Investigative Agency (NIA) Act.
The bench comprising Justices AK Sikri and Ashok Bhushan observed that the Home Ministry could at least come up with a draft programme and directed Attorney General KK Venugopal to give his assistance on this matter.
"In the NIA Act, there are specific provisions for witness protection. Why cannot it be there for all?," the apex court said. "We understand there are lakhs of cases, but it can be done for sensitive cases. Why cannot the Ministry of Home Affairs make out some draft programme on witness protection?" the bench added.
The top court further directed all states to file their reply on this issue and the status of their implementation of their respective witness protection programme within six weeks.
The issue of witness protection came up during the hearing of a PIL filed by a witness in the rape case involving self-styled Godman Asaram Bapu and his son Narayan Sai.
Earlier this year in March, the apex court had questioned Haryana and Uttar Pradesh over the status of implementation of witness protection schemes in their respective states and had directed them to provide security cover to the witnesses in rape cases against Asaram.
While UP has three such witnesses, Haryana has one.
Taking a tough stand in this case, the top court has rejected several bail appeals filed by the Godman and his son who have been accused of rape.
Taking a tough stand, the Bench had then taken note of the dilatory tactics observed by the defence and the alleged threat to prosecution witnesses in this trial.
During a hearing earlier this year, in order to demonstrate deliberate delay, it was pointed out that the investigating officer was summoned on 104 dates of hearing, for cross-examination.
"It can also not be overlooked, that during the period when prosecution witnesses were examined, there were a number of attacks on the witnesses, leading to the death of the two prosecution witnesses," the top court had then said.
The court also noted that a hired assassin had threatened the lady Investigating Officer. The said assassin, the court was informed, has since been arrested and the charges had been initiated.
In August 2013, a 16-year-old minor accused the 79-year old godman, who has lakhs of followers, of raping her on the pretext of exorcising her from evil spirits. After evading arrest for several days, Jodhpur police finally nabbed the godman from his ashram in Indore following a late night raid on the intervening night of September 1, 2013.
Barely months after he was arrested, in December 2013, Asaram and his son Narayan Sai, were further accused of rape by two sisters from Surat.
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