Summary
The Supreme Court approved the Witness Protection Scheme, 2018 with immediate effect and directed its enforcement throughout India as law under Articles 141 and 142 until suitable legislation. The Scheme provides threat-based protection through district competent authorities, confidentiality, identity protection and relocation. States and Union Territories were also directed to establish vulnerable witness deposition complexes in every district court by the end of 2019, with Central support.
Issues
- Whether a nationwide witness protection scheme should operate pending legislation.
- What mechanisms would protect threatened witnesses while preserving fair-trial safeguards.
- Whether vulnerable witness deposition complexes should be established nationwide.
Provisions considered
- Clauses 2(c), 3–8, Witness Protection Scheme, 2018The approved Scheme provides a district committee chaired by the District and Sessions Judge, threat categories, a State fund, applications, threat analysis, interim protection, proportionate measures and monitoring. (¶¶ 25, 26, 35)
- Clauses 9–15, Witness Protection Scheme, 2018The Scheme regulates identity protection, new identity, relocation, publicity, confidentiality, preservation of records, recovery for false complaints and review. (¶¶ 25, 26, 35)
- Clause 7(l), Witness Protection Scheme, 2018Special court arrangements, including live links, screens, separate passages and image or voice modification, support safe deposition without undermining the fair-trial balance. (¶¶ 25, 29, 30, 35)
Held
- Threats and intimidation impede truthful testimony and fair trials. A comprehensive protective regime was required rather than reliance solely on individual protective orders. (¶¶ 5, 8, 13, 34)
- The Scheme was approved and brought into force forthwith. The Union, States and Union Territories must enforce it in letter and spirit; it would operate as law under Articles 141 and 142 pending suitable Parliamentary or State legislation. (¶¶ 34, 35)
- Under the approved Scheme, protection depends on the assessed threat and the competent authority’s order. It includes interim protection, confidentiality, identity measures and relocation, with implementation and review mechanisms. (¶¶ 25, 26)
- Protection of vulnerable witnesses must preserve the accused’s fair-trial interests; video conferencing and specially designed court arrangements can reconcile these interests. (¶¶ 29, 30)
- States and Union Territories must establish vulnerable witness deposition complexes in all district courts by the end of 2019. The Central Government should assist financially and otherwise. (¶ 35)
Result
Writ petition disposed of with immediate approval and nationwide enforcement of the Witness Protection Scheme, 2018, and directions for district-level vulnerable witness deposition complexes by the end of 2019.