VidhiSangh

Supreme Court of India · 05/12/2018

MAHENDER CHAWLA & ORS. versus UNION OF INDIA & ORS.

[2018] 14 S.C.R. 627 · 2018 INSC 1153

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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

  1. Whether a nationwide witness protection scheme should operate pending legislation.
  2. What mechanisms would protect threatened witnesses while preserving fair-trial safeguards.
  3. Whether vulnerable witness deposition complexes should be established nationwide.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 627.