NEW DELHI: All the six trial courts in Delhi have put out a list of directions for their staff in line with the apex court’s directive to all states that they put in place a witness protection scheme.
Last December, the apex court had approved the Centre’s draft witness protection scheme. Noting that one of the main reasons for witnesses turning hostile is that they are not provided appropriate protection, a bench of Justices A K Sikri and S Abdul Nazeer instructed all the states to implement it till Parliament comes out with legislation.
There are several instances where witnesses turned hostile in cases including the Jessica Lal and the Nitish Katara murder cases, the Best Bakery case, and the hit-and-run case involving Salman Khan.
In early March, the trial courts issued the notification for their staff to adhere to the rules as and when any vulnerable witness comes to the court for recording their statement.
The witness protection scheme, a first in India, allows witnesses to file an application for seeking protection order before the competent authority of the district where the offence is committed. Witnesses are grouped under three heads of Category A. B and C, with the first comprising those facing threat to life and family members.
Under the scheme, it is the duty of the court staff of the judge to furnish the contact number of a vulnerable witness or his/her guardian to the court staff well in advance so as to make necessary arrangements of transportation.
The District and Sessions Judge will chair the competent authority, with the police head of the district as a member and the head of the prosecution as its member secretary. The authority, when it receives an application, has to call for a Threat Analysis Report from the ACP/DSP in-charge of the police sub-division concerned.
Protection measures are to be applied in proportion to the threat faced by witnesses. These measures are not expected to go on for an infinite period but are expected to be for a specific duration on need basis which is to be reviewed regularly.
Safeguards are put in place to ensure witnesses and accused do not come face to face during investigation or trial and adequate security measures are in place for the safety of witnesses. Also, possible steps are to be taken for expeditious completion of trial in such cases.