WITNESS PROTECTION: REMARKABLE HIGH COURT JUDGEMENT TO CHANGE THE WAY CRIMINAL MATTERS ARE PROBED & TRIED IN INDIA

Witness Protection: Remarkable High Court Judgement To Change The Way Criminal Matters Are Probed & Tried In India

May 29, 2019:

On Tuesday, Indian Judiciary saw a remarkable judgement by Punjab and Haryana High Court that will lead to an altogether new way to deal with criminal cases.

In a judgment that will change the way criminal matters are probed and tried, the Court issued 10 commandments for protection of witnesses, besides fair and expeditious inquiry, investigation and trial of cases, including day-to-day examination of eyewitnesses.

The other directions include insurance of material witnesses in heinous and sensitive matters, audio-video recording of statements and even providing them with new identity.

The Bench comprising of Justice Rajiv Sharma and Justice Harinder Singh Sidhu also made the Secretary, Home, personally responsible for implementation of the directions.

Nearly 160 years after the Indian Penal Code came into existence, the Bench also directed Punjab to carry out suitable amendments to it and the Code of Criminal Procedure to punish persons inducing, threatening and pressuring witnesses to give a false statement. For the purpose, the Bench set a three-month deadline.

Justice Sharma directed all trial courts in Punjab to grant adjournments for next day only after recording cogent, convincing and special reasons, while examining eyewitnesses on a day-to-day or continuous basis.

The reporting officers were also directed to enter adverse remarks in annual confidential reports of the judicial officers not holding trials on a day-to-day basis.

Justice Sharma further asked Punjab to pay a reasonable amount, including travel allowance, to all witnesses on the date of recording their statements.

“If the recording of statements spill over to the next date, the board and lodging of the witnesses should be provided by the state government from state exchequer.” The police were directed to have emergency contact numbers of witnesses, ensure regular patrolling around their houses, and escort them to and from the courts on government vehicles or state-funded conveyance.

Justice Sharma added that insurance of witnesses on a short and long-term basis, protecting and changing their identity and relocating them would enable them to fearlessly testify before the court. As part of the process, Justice Sharma asked the state to install security devices in the witnesses’ home, including security doors, CCTV cameras and alarms.

Elaborating on the reasons, Justice Sharma asserted that witnesses were an integral part of the justice administration process and were required to be given utmost respect and honour. But they were not adequately compensated for the amount spent from their pocket.

Justice Sharma added that there was constant threat perception to the witnesses and their families, as they had to, at times, depose even against gangsters, terrorists, smugglers, musclemen and those involved in heinous crimes.

The threat perception at times kept them away from the courts. Unnecessary adjournments given by the trial courts prolonged the trial, causing mental agony to the witnesses. “The entire system is required to be sensitised. Since the witnesses are under constant threat, there is an increasing tendency of turning them hostile.”

Among the 10 commandments includes:

1.)Insurance of material witnesses in heinous crimes
2.)Audio-video recording of statements by police
3.)Give witnesses new identity; relocate them
4.)Install security devices in witnesses’ homes
5.)Examine eyewitnesses on a day-to-day or continuous basis
6.)Give witnesses allowance for recording statements

MANISHANKAR

CEO-ANTI-CORRUPTION AND HUMAN RIGHTS MOVEMENT®-CHENNAI

Email: anticorruption.org2007@gmail.com.

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