dna exclusive: You're safe: Govt's word to witnesses

The Union law ministry, which has been working on a witness protection programme, has proposed setting up of an independent agency to keep confidential the identity of witnesses in sensitive criminal cases.

The need for such a programme arose after the judiciary noted that a lot of witnessed turn hostile due to muscle or money power. In the Best Bakery case of the 2002 Gujarat riots, the Supreme Court had sentenced Zaheera Habibullah Sheikh, the star witness in the case who turned hostile, to one year in jail and fined her Rs 50,000 for perjury. “Time has come when serious and undiluted thoughts are to be bestowed for protecting witnesses so that (the) ultimate truth is presented before the court and justice triumphs and that the trial is not reduced to a mockery,” the court had said.

Last month, the Delhi high court had directed the union law ministry to come up with a witness protection programme and issued it guidelines (see box) while slapping perjury charges against model-actor Shyan Munshi in the Jessica Lal murder case for retracting his earlier statement. The court was aware that 32 of the 101 witnesses in the trial turned hostile, weakening the prosecution’s case. It gave the state government 10 weeks to frame its policy.

The law ministry studied laws in several countries, including the US, Canada, New Zealand and  Britain, that have special teams or programmes for witness protection. The ministry has prepared a draft report that has been sent to the union home ministry for further consideration.

Among the proposals listed in the report is the constitution of an independent agency that will be responsible for measuring the threat perception to a witness in a criminal case and decide when and for whom protection is required. The agency will not only protect such a witness, but will also be responsible for keeping his/her identity confidential.

Another proposal is the creation of a room with a one-way mirror to allow a witness to depose without seeing the accused. This will allow the accused to see the witness and maintain transparency. Depositions via video conferencing has also been proposed.

“We have ensured that all witnesses who come to depose in court in any trial get realistic allowances, and that payment procedure for the allowance is flexible,” a ministry official told dna on condition of anonymity. “If required, this agency will relocate witnesses and help them start a new life.”

Help witnesses start a new life
Realistic allowance should be paid to witnesses for their attendance in courts and there should be simplification of the procedure for such payment.

Adequate facilities should be provided to witnesses for their stay on the court premises. Witnesses must be given due respect and it is also necessary that efforts are made to remove all reasonable causes for their anguish.

Witnesses should be protected from the wrath of the accused in any eventuality.

Witnesses should be examined on the day they are summoned and the examination should proceed on a day-to-day basis.

Law enforcement agencies must conduct an assessment of the threat or potential danger to any witness.

Granting of funds and resources to the witnesses to relocate and start a new life, engage in new professions.