NEW DELHI: The Supreme Court on Friday requested all the Chief Justices of High Courts to respond within six weeks to the model guidelines prepared by former Jammu and Kashmir Chief Justice Gita Mittal led panel so that their suggestions could be factored in preparation of a uniform national model for Vulnerable Witness Deposition Centres (VWDC).
The top court said that another aspect that has been highlighted in the two reports filed by Justice (retd) Gita Mittal led panel, is the use of the VWDCs in cases of other jurisdiction in civil jurisdictions like family courts or juvenile justice boards and children courts.
A bench of Justices DY Chandrachud and Aniruddha Bose said that the reports indicate that it would be appropriate if permission is granted to enable the use of VWDCs for recording the evidence of vulnerable witnesses in places across all jurisdictions.
It said, The suggestion is appropriate and commended for acceptance.
The bench said, "On March 11, 2022, model guidelines for vulnerable witness deposition centres have been circulated to all the Chief Justices of the High Court. We would request the High Courts to respond to the guidelines, within a period of six weeks, so that any suggestions which are forthcoming may be factored in by the chairperson of the committee before finalising the guidelines."
It said that once the suggestions of the High Courts are duly factored in, the guidelines can provide for a uniform national model for implementation.
The bench noted that the two reports have been filed by Justice (retd) Gita Mittal, dated January 14, 2022, and heard the submissions of senior advocate Vibha Datta Makhija, amicus curiae, and Aditi Choudhary, registrar vigilance of the Delhi High Court, who is coordinating the work of the committee chaired by Justice Mittal.
It said that the prototype containing drawings and guidelines for VWDCs has been prepared under the auspices of the committee and has also been forwarded to the High Courts so that it could be borne in mind when the fresh construction is carried out or when modifications are made to the existing facilities for setting up of VWDCs.
"The committee is in the process of drawing a training module. We allow the committee to do so and to chalk out a training module which can be placed before this court," the bench said.
It noted that Choudhary and amicus curiae have both stated that for the purpose of training it may be necessary to engage some of the best experts internationally apart from experts in India.
"In the event, it became necessary to engage any international experts, the committee may do so on a video conferencing platform, or if it became necessary to secure the physical presence of any international experts at a training programme the chairperson may seek the view of the secretary in Women and Child Welfare department and seek appropriate direction from this court," the bench said.
It added that the chairperson of the committee is also requested to meet the secretary in the ministry of women and child welfare department and make them aware of the work being carried out under the auspices of the committee.
Earlier on January 11, the top court had in a major order, expanded the definition of vulnerable witness in a criminal case, which earlier used to be a child below the age of 18, to include age and gender-neutral victims of sexual assault and witnesses suffering from mental illness among others.
The apex court had also expanded the definition to include any speech or hearing impaired individual or a person suffering from any other disability, who is considered to be a vulnerable witness by the competent court or any other witness deemed to be vulnerable by the court concerned.
It had said the need of the importance of setting up special facilities which cater to the creation of a safe and barrier-free environment for recording the evidence of vulnerable witnesses has been engaging this court's attention over the last two decades.
It had directed all the High Courts to adopt and notify a VWDC scheme within two months from the date of this order unless a scheme has already been notified.
It had appointed Justice (retd) Gita Mittal as chairperson of the committee for designing and implementing an all India VWDC training programme for managing such centres and sensitizing all the stakeholders including judicial officers, members of the bar, and staff of the court establishments.
The top court referred to a verdict of 1996 in which the apex court had passed similar directions, then in 2004 and in 2017, when it had asked all the High Courts of the country to adopt the guidelines prepared by the Delhi High Court in 2017 for vulnerable witnesses.
In 2017, the top court had said that all the High Courts can adopt such guidelines if the same has not yet been adopted with such modifications as may be deemed necessary.
"Setting up of one centre for vulnerable witnesses may be required in almost every district in the country. All the High Courts may take appropriate steps in this direction in due course in phases. At least two such centres in the jurisdiction of each High Court may be set up within three months from today. Thereafter, more such centres may be set up as per the decision of the High Courts," the top court had directed in 2017.
The bench headed by Justice DY Chandrachud was hearing a matter where it was looking into the compliance of directions issued in 2017.