March 21, 2019:

Supreme Court had issued directions in Writ Petition (Criminal) No. 156 of 2016 titled “Mahender Chawla & Ors Vs. Union of India & Ors”.

Delhi High Court has issued formal Notification for constitution of 'Competent Authority' under Witness Protection Scheme, 2018.

A Bench comprising Justice AK Sikri & Justice S Abdul Nazeer had held that the said scheme shall be the ‘law’ under Article 141/142 of the Constitution till the enactment of suitable parliamentary and/or state legislations on the subject & also directed that vulnerable witness deposition complexes shall be set up by the states & union territories within a period of 1 year, which means by the end of the year 2019.

Surinder S Rathi, who was Director, NALSA at the relevant time had played key role in framing of India’s First Witness Protection Law, ‘Delhi Witness Protection Scheme, 2015‘, had led the framing of the Witness Protection Scheme, 2018 at National level.

‘Witness Protection Scheme, 2018’ (Draft): India’s first endeavor at National Level, Read Text

The witness protection measures ordered shall be proportional to the threat and for a specific duration.

They include:

(a) Ensuring that witness and accused do not come face to face during investigation or trial;
(b) Monitoring of mail and telephone calls;
(c) Arrangement with the telephone company to change the witness’s telephone number or assign him or her an unlisted telephone number;
(d) Installation of security devices in the witness’s home such as security doors, CCTV, alarms, fencing etc;
(e) Concealment of identity of the witness by referring to him/her with the changed name or alphabet;
(f) Emergency contact persons for the witness;
(g) Close protection, regular patrolling around the witness’s house;
(h) Temporary change of residence to a relative’s house or a nearby town;

i) Escort to and from the court and provision of Government vehicle or a State funded conveyance for the date of hearing;
(j) Holding of in-camera trials;
(k) Allowing a support person to remain present during recording of statement and deposition;
(l) Usage of specially designed vulnerable witness court rooms which have special arrangements like live links, one way mirrors and screens apart from separate passages for witnesses and accused, with option to modify the
image of face of the witness and to modify the audio feed of the witness’ voice, so that he/she is not identifiable;
(m) Ensuring expeditious recording of deposition during trial on day to day basis without adjournments;
(n) Awarding time to time periodical financial aids/grants to the witness from Witness Protection Fund for the purpose of re-location, sustenance or starting new vocation/profession, if desired;
(o) Any other form of protection measures considered necessary, and specifically, those requested by the witness.

The scheme categorizes witnesses into 3 types:

  1. Where the threat extends to life of witness or his family members, during investigation/trial or thereafter.
  2. Where the threat extends to safety, reputation or property of the witness or his family members, during the investigation/trial or thereafter.
  3. Where the threat is moderate and extends to harassment or intimidation of the witness or his family member’s, reputation or property, during the investigation/trial or thereafter.

These witnesses can file application for seeking protection order before the competent authority of the concerned district. This competent authority will be chaired by District and Sessions Judge, along with head of the Police in the district as member & head of the prosecution in the district as its member secretary.

The authority, when it receives an application, has to call for a Threat Analysis Report from the ACP/DSP in charge of the concerned Police Sub-Division.

‘Beneficial & benevolent scheme’ which is aimed at strengthening the criminal justice system in India.

The SC said, “Since it is beneficial and benevolent scheme which is aimed at strengthening the criminal justice system in this country, which shall in turn ensure not only access to justice but also advance the cause the justice itself, all the States and Union Territories also accepted that suitable directions can be passed by the court to enforce the said Scheme as a mandate of the court till the enactment of a statute by the Legislatures.

Text of the Notification-

HIGH COURT OF DELHI: NEW DELHI
NOTIFICATION
No. 294/Rules/DHC Dated: 13.03.2019

In compliance with the judgment of the Hon’ble Supreme Court of India dated
05.12.2018 passed in Writ Petition (Criminal) No. 156 of 2016 titled “Mahender Chawla & Ors
Vs. Union of India & Ors”, on the recommendations of the “Committee to Monitor Proper
Implementation of Several Guidelines laid down by the Hon’ble Supreme Court as well as the
Hon’ble High Court of Delhi for Dealing with matters pertaining to Sexual Offences and Child
Witnesses”, Hon’ble the Chief Justice has been pleased to direct constitution of a “Competent
Authority” i.e., Standing Committee in each District, under the Witness Protection Scheme,
2018, to be chaired by the District & Sessions Judge with concerned Deputy Commissioner of
Police as a Member and concerned Chief Prosecutor as its Member Secretary.

By Order of the Court
Sd/-
(DINESH KUMAR SHARMA)
REGISTRAR GENERAL

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