SC Asks Trial Courts to Consider Granting Witness Protection in Cases Against Lawmakers
4 years, 4 months ago

SC Asks Trial Courts to Consider Granting Witness Protection in Cases Against Lawmakers

News 18  

The Supreme Court has directed the trial courts to consider granting protection to witnesses in cases against sitting and former lawmakers under Witness Protection Scheme without their making any specific application in this regard. A three-judge bench of Justices N V Ramana, Surya Kant and Anirudhha Bose, said the Witness Protection Scheme, 2018, approved by it should be strictly enforced by the Union, States and Union Territories. “Keeping in mind the vulnerability of the witnesses in such cases, the Trial Courts may consider granting protection under the said Scheme to witnesses without their making any specific application in this regard,” the bench said. Earlier during the hearing, the bench had not agreed to the submission of senior advocate Vijay Hansaria, who is amicus curiae in the matter, that a direction be given to the special courts to grant protection to the witnesses in cases against lawmakers.

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History of this topic

Submit details on witness protection scheme: Allahabad HC to U.P. govt
1 month, 2 weeks ago

Submit details on witness protection scheme: Allahabad HC to U.P. govt

Hindustan Times  

The Lucknow bench of the Allahabad high court has directed the state government to apprise it of the implementation of the scheme related to the protection of witnesses in criminal cases. Converting a writ petition related to protection of witnesses into ‘suo moto’, a division bench of Justice AR Masoodi and Justice Subhash Vidyarthi on February 11 observed: “Whether the …

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 3 weeks ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

Hanskhali Gangrape & Murder: Calcutta HC Issues Orders For Witness Protection At State Expense
2 years, 11 months ago

Hanskhali Gangrape & Murder: Calcutta HC Issues Orders For Witness Protection At State Expense

Live Law  

The Calcutta High Court vide order dated April 20 has allowed for the filing of a witness protection application before the competent authority as specified under the Witness Protection Scheme, 2018 to protect the family members of the victim in the Hanskhali gangrape and murder case wherein a probe by the Central Bureau of Investigation had been ordered into a …

Hanskhali Gangrape & Murder: Calcutta High Court Reserves Order In Plea Seeking Implementation Of Witness Protection Scheme 2018
2 years, 11 months ago

Hanskhali Gangrape & Murder: Calcutta High Court Reserves Order In Plea Seeking Implementation Of Witness Protection Scheme 2018

Live Law  

The Calcutta High Court on Wednesday reserved its order in a petition seeking the implementation of the Witness Protection Scheme, 2018 in the Hanskhali gangrape and murder case wherein a probe by the Central Bureau of Investigation had been ordered into a week back. Reliance was also placed on the Supreme Court judgment in Mahendra Chawla v. Union of India …

Fundamental Right Of Witnesses To Testify In Courts Without Pressure & Threat Under Serious Attack Today: Supreme Court Highlights Importance Of Witness Protection Scheme
3 years, 4 months ago

Fundamental Right Of Witnesses To Testify In Courts Without Pressure & Threat Under Serious Attack Today: Supreme Court Highlights Importance Of Witness Protection Scheme

Live Law  

The Supreme Court observed that the right of witnesses to testify in Courts in a free and fair manner without any pressure and threat whatsoever is under serious attack today. Right to life guaranteed to the people of this country also includes in its fold the right to live in a society which is free from crime and fear and …

Allahabad High Court Directs UP Govt, Its Authorities & Committees To Implement Witness Protection Scheme
3 years, 4 months ago

Allahabad High Court Directs UP Govt, Its Authorities & Committees To Implement Witness Protection Scheme

Live Law  

The Allahabad High Court last week directed the Uttar Pradesh Government and all its concerned authorities/committees to implement the Witness Protection Scheme, 2018 forthwith.This direction came from the Bench of Justice Surya Prakash Kesarwani and Justice Vikas Budhwar that was hearing the plea of a petitioner, Mithlesh Narayan Tiwari, who is a witness in a 2018 Murder case, and. The …

Witness Protection in India
3 years, 4 months ago

Witness Protection in India

Live Law  

Witnesses have a major role to play in the criminal justice system. Reasons behind witnesses turning hostile When a witness backs out or tends to back out from his statement which was recorded by the police, he is called a "hostile witness." The Bombay High Court recently termed the hostility of witnesses as "cancerous to the justice delivery system" in …

Allahabad High Court Seeks UP Government's Response On Steps Taken For Implementation Of Witness Protection Scheme 2018
4 years, 3 months ago

Allahabad High Court Seeks UP Government's Response On Steps Taken For Implementation Of Witness Protection Scheme 2018

Live Law  

The Allahabad High Court on Thursday issued notice to the UP Government on a PIL seeking effective implementation of the Witness Protection Scheme, 2018. The Petitioner, Rannsamar Foundation through Advocate Abha Singh has approached the Lucknow Bench of the High Court, seeking effective implementation of the decision in Mahendra Chawla v. Union of India, 4 SCC 615, whereby the Supreme …

Cases Against MPs/MLAs : Karnataka High Court Directs Implementation Of Witness Protection Scheme
4 years, 3 months ago

Cases Against MPs/MLAs : Karnataka High Court Directs Implementation Of Witness Protection Scheme

Live Law  

The Karnataka High Court on Tuesday directed the State government to within two weeks issue an order constituting a competent authority as prescribed in the Witness Protection Scheme, 2018, which has been approved by the Supreme Court. We are therefore of the view that it is all the more necessary to implement the witness protection scheme, in relation to the …

Criminal Cases Against MPs/MLAs : Implement Witness Protection Scheme, No Uncecessary Adjournments, Directs Supreme Court
4 years, 4 months ago

Criminal Cases Against MPs/MLAs : Implement Witness Protection Scheme, No Uncecessary Adjournments, Directs Supreme Court

Live Law  

The Supreme Court has ordered that no unnecessary adjournments should be granted in criminal cases pending against legislators across the country.The court said that the Witness Protection Scheme, 2018 should be enforced by the concerned courts. The Supreme Court has ordered that no unnecessary adjournments should be granted in criminal cases pending against legislators across the country. In that order, …

A law for those who testify
5 years, 7 months ago

A law for those who testify

The Hindu  

The recent accident in Rae Bareli in which a rape survivor’s two aunts died, and which left her and her lawyer in a critical condition, has drawn much media attention. The rape accused, Bharatiya Janata Party MLA Kuldeep Singh Sengar, was arrested in April last year after the survivor attempted to immolate herself in front of the Uttar Pradesh Chief …

SC approval of Witness Protection Scheme could be turning point in India's criminal justice system, but implementation is key
6 years, 3 months ago

SC approval of Witness Protection Scheme could be turning point in India's criminal justice system, but implementation is key

Firstpost  

The Witness Protection Scheme is a very comprehensive policy that is bound to change the dynamics of criminal law in India for good, but the real test is its implementation and enactment. In the case of Mahendra Chawla and Others versus the Union of India, the Supreme Court has given effect to the Witness Protection Scheme, 2018, which aims to …

Centre receives nod from Supreme Court for Witness Protection Scheme
6 years, 3 months ago

Centre receives nod from Supreme Court for Witness Protection Scheme

Op India  

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. The need for a comprehensive Witness Protection Law emerged after a litigation demanded protection for witnesses in rape cases of Asaram Bapu. SC has also directed for the formation of …

Witness Protection Scheme: SC directs Centre to implement law ‘in letter, spirit’; says majority of acquittals due to witness hostility
6 years, 3 months ago

Witness Protection Scheme: SC directs Centre to implement law ‘in letter, spirit’; says majority of acquittals due to witness hostility

Firstpost  

The top court said that Witness Protection Scheme, 2018 shall be the ’law’ under Article 141 and 142 of the Constitution, till the enactment of suitable parliamentary or state legislations on the subject. The important features of the Witness Protection Scheme, 2018 include identifying categories of threat perceptions, preparation of a ‘Threat Analysis Report’ by the head of the police, …

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]
6 years, 3 months ago

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]

Live Law  

‘The Union of India, as well as States and Union Territories, shall enforce the Witness Protection Scheme, 2018 in letter and spirit.’The Supreme Court on Wednesday approved the Witness Protection Scheme, 2018, prepared by Union of India and has directed it and all states and union territories to enforce the same in letter and spirit.The bench comprising Justice AK Sikri …

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]
6 years, 3 months ago

SC Approves Witness Protection Scheme, 2018; Directs Centre, States, UTs To Set Up Vulnerable Witness Deposition Complexes In Every District Within A Year [Read Judgment]

Live Law  

‘The Union of India, as well as States and Union Territories, shall enforce the Witness Protection Scheme, 2018 in letter and spirit.’The Supreme Court on Wednesday approved the Witness Protection Scheme, 2018, prepared by Union of India and has directed it and all states and union territories to enforce the same in letter and spirit.The bench comprising Justice AK Sikri …

Supreme Court approves Centre's draft witness protection scheme, asks all states to implement it till legislation is passed
6 years, 3 months ago

Supreme Court approves Centre's draft witness protection scheme, asks all states to implement it till legislation is passed

Firstpost  

The Supreme Court on Wednesday approved the Centre’s draft witness protection scheme and asked all the states to implement it till the Parliament comes out with a legislation. New Delhi: The Supreme Court on Wednesday approved the Centre’s draft witness protection scheme and asked all the states to implement it till the Parliament comes out with a legislation. The issue …

India gets first witness protection scheme
6 years, 3 months ago

India gets first witness protection scheme

The Hindu  

The Supreme Court on Wednesday brought in place a witness protection regime in the country noting that one of the main reasons for witnesses turning hostile is that they are not given security by the State. Sikri and S. Abdul Nazeer said Witness Protection Scheme, 2018 will come into effect immediately across all States. Under it, witness protection may be …

Supreme Court says it will direct states to implement draft witness protection scheme framed by Centre
6 years, 4 months ago

Supreme Court says it will direct states to implement draft witness protection scheme framed by Centre

Firstpost  

The issue of witness protection scheme had cropped up earlier when the top court was hearing a public interest litigation seeking protection for witnesses in rape cases involving self-styled preacher Asaram Bapu. New Delhi: The Supreme Court on Monday said that it would direct all the states to implement the draft witness protection scheme framed by the Centre in consultation …

Expanding Ambit of Asaram Case, SC Seeks Reply Of Centre, States On Witness Protection Programme
7 years, 6 months ago

Expanding Ambit of Asaram Case, SC Seeks Reply Of Centre, States On Witness Protection Programme

Live Law  

Emphasizing on witness protection programme, the Supreme Court has asked the Centre and state governments about the steps being taken to ensure that witnesses in sensitive and high-profile cases are not harmed.Expanding the ambit of a public interest litigation seeking protection for witnesses in rape cases involving self-styled preacher Asaram Bapu, a bench of justices AK Sikri and. Emphasizing on …

After Bhupendra Vira’s Murder, Call For RTI Activists’ Protection Grows Louder
8 years, 5 months ago

After Bhupendra Vira’s Murder, Call For RTI Activists’ Protection Grows Louder

Live Law  

With the murder of Bhupendra Vira, the focus on attacks against RTI activists is back and rightly so. More and more such attacks have been happening since the Right to Information Act came into force and became a tool in the hands of the common man to expose any wrongdoing by public servants and people in powerful positions.When Satish Shetty, …

After Bhupendra Vira’s Murder, Call For RTI Activists’ Protection Grows Louder
8 years, 5 months ago

After Bhupendra Vira’s Murder, Call For RTI Activists’ Protection Grows Louder

Live Law  

With the murder of Bhupendra Vira, the focus on attacks against RTI activists is back and rightly so. More and more such attacks have been happening since the Right to Information Act came into force and became a tool in the hands of the common man to expose any wrongdoing by public servants and people in powerful positions.When Satish Shetty, …

HC asks Delhi govt to expedite witness protection policy
11 years, 8 months ago

HC asks Delhi govt to expedite witness protection policy

The Hindu  

The Delhi High Court on Monday granted four more weeks to the city government to evolve a witness protection policy to ensure that witnesses are not harassed or intimidated by powerful accused in criminal cases. A division bench of Acting Chief Justice B D Ahmed and Justice Vibhu Bakhru asked the Delhi government to expedite the process after its standing …

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