November 20, 2018:

On Monday, Supreme Court said that it would direct all the states to implement the draft witness protection scheme framed by the Centre in consultation with the National Legal Services Authority (NALSA).

Attorney General K K Venugopal told a bench comprising of Justice A K Sikri & Justice S Abdul Nazeer that the draft scheme, which has now been finalized, would be made into a law "in due course", but till then the Court should direct the states to start implementing it.

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

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

The issue of witness protection scheme had cropped up earlier when the Top Court was hearing a PIL seeking protection for witnesses in rape cases involving self-styled preacher Asaram Bapu.

On Monday, during the hearing advocate Gaurav Agrawal, assisting the court as an amicus curiae in the matter, told the bench that the govt. has finalized the draft witness protection scheme after discussing it with all the states.

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

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 & it was circulated among the states and Union Territories administration for comments.

Court had asked the Centre to finalize the scheme after getting response from the states & Union Territories.

In November last year, 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.

Court had said that witness protection scheme can be implemented for at least sensitive cases & 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 & disappearances of witnesses in these cases.

Top Court had in March last year questioned Haryana & 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.

Competent Authority

As per the Scheme, Witness Protection Orders are to be passed by a Competent Authority which shall be a Committee headed by District and Session Judge with Head of Police in District as Member and Head of Prosecutions as Member Secretary of the Committee.

TYPES OF PROTECTION MEASURES:
The witness protection measures ordered shall be proportional to the threat and for a specific duration. They may 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.

Source Link

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Source NALSA official Website

NALSA's Witness Protection Scheme, 2018 (Downloadable PDF)

NALSA's Witness Protection Scheme, 2018 by Latest Laws Team on Scribd

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