Saturday, December 5, 2020
Home News Reports Centre receives nod from Supreme Court for Witness Protection Scheme

Centre receives nod from Supreme Court for Witness Protection Scheme

Supreme Court said that till the time a law is passed by parliament, the scheme will act as a law

Supreme Court on Wednesday gave its nod for the Witness Protection Scheme, 2018 prepared by the union government, to bolster safety and security apparatus for the witness of heinous crimes. According to reports,  SC has directed all states and union territories to adopt the scheme, till government brings a legislation over it. In a 40 page judgment, the bench comprising of Justice AK Sikri and Justice S Abdul Nazeer noted that a large number of acquittals happen because of witnesses’ unwillingness in giving a statement or diverting from them, due to pressure or threats.

The need for a comprehensive Witness Protection Law emerged after a litigation demanded protection for witnesses in rape cases of Asaram Bapu.

SC noted that the law will be an important instrument in the elimination of secondary victimisation faced by witnesses. SC has said that the scheme will be a law under Article 141/142 of the Constitution.

Attorney General KK Venugopal asked the court to tell the states and union territories to implement the scheme, which according to amicus curie Gaurav Aggarwal is drafted with the consent of states.

National Legal Service Authority and Police Research and Development have divided the witness into three divisions, on basis of threat perception done by authorities. The authorities will involve District and Sessions Judge, who will be furnished with details of the case by ACP/DSP. The three types of witnesses are:

  1. There is a significant threat to life or well-being of witness or his/her family members, during or after the trail.
  2. There is a perceptible threat against witnesses’ properties or properties belonging to his/her family member.
  3. There is a moderate threat of harassment or intimidation of the witness or his/her relatives.

The scheme mentions measures that can be undertaken to protect witnesses. The measures include identity concealment, identity change and relocating the witnesses to a safe place if required. SC has also directed for the formation of Witness Protection Fund to aid these measures and also directed states to establish Witness Protection Complexes, by end of 2019.

Witness Protection Complexes are to be furnished with equipment and facilities to prevent the vulnerable witness and accused from coming face-to-face. This is to ensure witness don’t come under any pressure or intimidation.

The scheme also mentions the building of specially designed courtrooms having special arrangements like live links and one-way mirrors. It will also be equipped with technology to change the voice and appearance of the witness, so as to protect his/her identity.

 

The judgment can be accessed here [PDF].

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

United Nations classifies marijuana as a ‘less dangerous drug’, decision, for which India voted too, to help further medicinal use

With the categorisation of marijuana as a less dangerous drug, it is believed that the medicinal and therapeutic potential of the drug can now be recognised.

Mumbai Police files chargesheet against Arnab Goswami in the Anvay Naik suicide case after Supreme Court said no prima facie case made out

The Mumbai Police has filed a charge-sheet against Republic Editor Arnab Goswami in the Anvay Naik suicide case.

Khalistanis hijacking farmer protests are aimed at breaking Hindu-Sikh unity: Here is a brief history of tensions in Punjab

The 'Khalistan' bogey has indeed reared its ugly head during the protests against the recently passed farm laws.

After ‘saving Aarey’, Shiv Sena led BMC gives permission to remove over 1000 trees for Mumbai Trans-Harbour Link

Initially the proposal was for removing 1172 Link trees for the Mumbai Trans-Harbour but the number was later reduced to 1,004

WSJ drags Brahmins in domestic policy subject, American Hindu Group demands immediate withdrawal of article: All you need to know

The CoHNA demanded that WSJ remove 'Brahmin' from the OpEd and an apology be issued to the global Hindu Community.

How a teacher from Solapur, Ranjitsinh Disale, won the coveted Global Teacher Prize and $1 million: Here is his story

32-year-old teacher Ranjitsinh Disale won the Global Teacher prize and prize money of $1 million for his extensive work in the field of the girl child education

Recently Popular

From supporting Khalistanis to hurting religious sentiments of Sikhs: A brief intro of the new liberal favourite, Diljit Dosanjh

Singer Diljit Dosanjh has become the new blue-eyed boy of the left-liberal gang after he supported ongoing farmers protest

Exposing hypocrisy of Congress, CPIM, Bharatiya Kisan Union and even Justin Trudeau over the Farm Bills 2020, point by point

The industry scale hypocrisy surrounding the protests around Farm Laws is staggering

How a teacher from Solapur, Ranjitsinh Disale, won the coveted Global Teacher Prize and $1 million: Here is his story

32-year-old teacher Ranjitsinh Disale won the Global Teacher prize and prize money of $1 million for his extensive work in the field of the girl child education

Ex-Indian cricketer Yuvraj Singh’s father Yograj Singh joins Farmer’s protests, justifies “Indira thok di” comment

Multiple videos of Yograj Singh, Yuvraj Singh's father, have gone viral on social media where he has been giving provocative speeches amid the ongoing farmer protests

Kangana Ranaut vs Diljit Dosanjh fight turns ugly, she calls him Karan Johar’s pet dog

Days after Kangana mistook an elderly lady in Punjab farmers' protest for Bilkis Bano of Shaheen Bagh 'protests', Punjabi singer-actor Diljit Dosanjh got into a war of words with her on Twitter.

Mirzapur: Three Brahmin boys found dead, family says they were murdered with eyes gouged out, police deny

The three cousins: 14-year-old Sudhanshu Tiwari, 14-year-old Shivam Tiwari and Hariom Tiwari were mysteriously found dead in a pond in the Lalganj police station area, Mirzapur.

Indian team that won FIDE Online Chess Olympiad 2020 struggles through custom department procedure to get their medals

Srinath Narayanan, the Vice President of the team, said that it took a week's time for the medals to reach Chennai from Bangalore.

Punjab: National head of Hindu organisation Shri Ram Sena brutally assaulted by three unidentified bike-borne assailants

The chairman of Punjab Hindustan Shiv Sena said that the Hindu leaders are on the radar of various anti-national elements in Punjab

United Nations classifies marijuana as a ‘less dangerous drug’, decision, for which India voted too, to help further medicinal use

With the categorisation of marijuana as a less dangerous drug, it is believed that the medicinal and therapeutic potential of the drug can now be recognised.

Watch: Angry Rajdeep Sardesai threatens to sack his staff in charge of social media for failing to link up his Instagram live

Rajdeep Sardesai had announced that he was doing a live chat on his Instagram page to discuss Hyderabad municipal election results

94-year-old widow moves Supreme Court seeking for declaration of Emergency as unconstitutional; demands Rs 25 crores as compensation

She alleges that the issues of the Emergency still resonates in her mind and she wants to peace by getting it declared as illegal

Mumbai Police files chargesheet against Arnab Goswami in the Anvay Naik suicide case after Supreme Court said no prima facie case made out

The Mumbai Police has filed a charge-sheet against Republic Editor Arnab Goswami in the Anvay Naik suicide case.

Farmer unions intensify protest against farm bills, call for a Bharat Bandh on December 8, to block all roads to Delhi

Farmer unions have announced a host of measures like effigy burning of PM Modi, returning awards and accolades etc

Congress leader uses ‘Abki Baar’ hoax to justify foreign interference in Indian internal matters

Jairam Ramesh is the latest to join the increasing number of liberals who are embracing the idea of foreign interference.

Chinese regime forces Uyghur Muslims to eat pork, expands pig farms in Xinjiang: Reports

Former detainee in Chinese 're-education camp' narrates how they were force fed pork on Fridays by the authorities

Anti-India bias in reporting on Indian economy is destroying the credibility of the New York Times (and others)

Despite global media houses claiming doom in economy of India, investors continue to show confidence on the country

Connect with us

245,563FansLike
493,091FollowersFollow
20,300SubscribersSubscribe