The court expressed concern over witnesses turning hostile in a criminal trial as there was no mechanism to protect them from inducement, threat and coercion.
A Delhi court has sought a response from the state over its failure to put in place a witness protection programme despite several directions by the higher courts since 1998.
The court said funds could not be cited as a constraint in setting up such a programme and referred to the holding of the Commonwealth Games in Delhi.
The court expressed concern over witnesses turning hostile in a criminal trial as there was no mechanism to protect them from inducement, threat and coercion.
"The recent spectacular extravaganza of Commonwealth Games has dispelled the notion about financial constraints of this country coming in the way of creating a system for protection of witnesses," additional sessions judge Santosh Snehi Mann said.
The court directed the state to apprise it about any witness protection programme devised in compliance with the directions of the Supreme court.
"Directions have been issued by the superior courts to the state in a number of cases to create a system for protection of witnesses so that criminal trials do not become a mockery," it said.
The court said the phenomenon of witnesses turning hostile had affected the administration of justice, and as a result there was a need to look into the reasons for this.
"Material witnesses turning hostile during trial is a serious issue which raises a question mark on the credibility and purpose of the criminal justice system that is meant for upholding the rule of law in the society," judge Mann said.
The court said it has been over a decade since 1998, when the apex court directed the state to take steps to create a system for protection of witnesses in Vineet Narain's case.
Since no legislation was brought out, the Delhi high court in 2003 laid down guidelines to be followed for witness protection in Neelam Katara's case.
In 2004, the apex court again reminded the state of its role and responsibility in protecting witnesses in the Best Bakery case.
The court made the remarks while acquitting Nadeem in a case of attempted murder after victim Jabbar, a rickshaw puller who had received gunshot injuries, turned hostile, denied having told the police that it was the accused who was involved in a quarrel and fired from a pistol on April 25 this year at a place near the Jama Masjid here.
"Witnesses are the eyes and ears of the justice delivery system and credibility of the system is based upon the witnesses coming forward to depose during the trial without fear, force, coercion or inducement," the court said.
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