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, we had directed the Chief Justices of the High Courts to list the matters relating to the aforementioned cases before an appropriate bench, and to decide on any issue relating to stay by keeping in view the principles laid down by this Court in Asian Resurfacing of Road Agency Private Limited v. CBI, 16 SCC 299. At the cost of repetition, it is clarified that the directions in the present writ proceedings are applicable to both sitting as well as former legislators The court also directed the High Court of Kerala to furnish a list of cases to the Chief Secretary/ Director General of Police where the warrants are not being executed.

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History of this topic

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.
2 months ago

When will you frame witness protection scheme under BNSS, Madras HC asks T.N. govt.

The Hindu  

The Madras High Court has directed the Home Secretary and Director General of Police to explain the enormous delay of nearly 10 years by the Tamil Nadu police in completing investigations, even in murder cases. On finding that almost all the criminal cases, including one for the charge of murder, against the detainee were still under investigation, despite them having …

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 …

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 …

"It Breaks The Back Of Litigants; Insults & Kills Justice" : Supreme Court Urges Courts To Get Out Of 'Adjournment Culture'
3 years, 6 months ago

"It Breaks The Back Of Litigants; Insults & Kills Justice" : Supreme Court Urges Courts To Get Out Of 'Adjournment Culture'

Live Law  

The Supreme Court, in an order passed recently, urged the courts not to grant repeated adjournments in routine manner.Time has now come to change the work culture and get out of the adjournment culture so that confidence and trust put by the litigants in the Justice delivery system is not shaken and Rule of Law is maintained, Justice MR Shah …

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 …

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 …

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 …

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 …

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 …

SC Cautions Trial Courts Against Granting Adjournments After Commencement Of Evidence [Read Order]
7 years, 3 months ago

SC Cautions Trial Courts Against Granting Adjournments After Commencement Of Evidence [Read Order]

Live Law  

We hope that the presiding officers of the trial courts conducting criminal trials will be mindful of not giving such adjournments after commencement of the evidence in serious criminal cases, the bench said.Depreciating the trend of criminal courts adjourning the cases for a long interval after commencement of evidence, the Supreme Court, in Doongar Singh vs State of Rajasthan, reiterated. …

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