SC approves Centre’s draft witness protection scheme; asks states to implement it

The Supreme Court on Wednesday, December 5, approved the Centre's draft witness protection scheme and asked all the states to implement it till the Parliament comes out with a legislation.

A bench headed by Justice AK Sikri said that they have made some changes in the scheme.

The issue of the witness protection scheme had cropped up earlier when the top court was hearing a public interest litigation (PIL) seeking protection for witnesses in rape cases involving self-styled preacher Asaram Bapu.

During the hearing on November 19, Attorney General KK Venugopal had told the apex court that the draft scheme, which has now been finalised, would be made into a law "in due course", but till then the court should direct the states to start implementing it.

"We will pass an order. We will give directions to all the states to start implementing it (scheme)," the bench told Venugopal.

The top court was also told by advocate Gaurav Agrawal, who is assisting the court as an amicus curiae in the matter, that the government has finalised the draft witness protection scheme after discussing it with all the states.

The draft witness protection scheme, finalised in consultation with the National Legal Services Authority (NALSA), has three categories of witnesses based on the threat perception.

"Based on the inputs received from majority of the states, a draft witness protection scheme is finalised in consultation with the NALSA," Agrawal told the court.

He said that the scheme has three categories of witnesses based on the threat perception, and the states should start enforcing it.

In April this year, the Centre had informed the top court that it had framed a draft witness protection scheme and it was circulated among the states and Union Territories administration for comments.

The court had asked the Centre to finalise the scheme after getting response from the states and Union Territories.

In November last year, the court had asked the Centre as to why a draft scheme cannot be formulated for witness protection in the country when specific provisions in this regard were already there in the National Investigation Agency (NIA) Act.

It had said that the Ministry of Home Affairs (MHA) could at least come out with a draft scheme for witness protection and had asked the Attorney General to give his suggestions on the issue.

The court had said that the witness protection scheme can be implemented for at least sensitive cases and the MHA could come out with a comprehensive plan.

The petitioners, who are witnesses in cases related to Asaram, have sought a probe into the instances of alleged attacks and disappearances of witnesses in these cases.

The top court had in March last year questioned Haryana and Uttar Pradesh over the status of implementation of witness protection schemes till then and had directed them to provide security cover to witnesses in rape cases against Asaram, who is at present in jail.

While Uttar Pradesh has three such witnesses, Haryana has one.

These are some of the key features of the Witness Protection Scheme and how it will impact the judicial system.

About Witness Protection Scheme-2018

• This will allow the witness to give his/her testimony in a judicial setting or in law enforcement and investigations without the fear of intimidation or any act of retaliation that could threaten their life.
• This will also ensure that the proceedings will take place in a unbiased setting that could be jeopardised by the fear of fear of the accused, intimidation or fear of criminal recrimination without receiving any protective measure against these issues.
• This will also aid in promoting law enforcement by protecting the individuals involved in providing assistance to criminal law enforcement agencies and the overall administration of Justice.
• This will give the witnesses the confidence to come forward and with assist law enforcement and Judicial Authorities knowing that they will receive all the measures of safety. To identify a series of measures that may be adopted to safeguard witnesses and their family members from intimidation and threats against their lives, reputation, and property.

(with inputs wil agency copies and IQRACE)