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 prosecution witness in the cases pending before the special court." The bench also urged the state government to decide expeditiously on the request made by the High court for setting up a second special court to try cases against MP's and MLA's. The bench said "We hope and trust that the final decision on the second special court as per request made by the high court on the administrative side is taken by the state government."

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History of this topic

Haryana launches witness protection scheme
1 month, 1 week ago

Haryana launches witness protection scheme

Hindustan Times  

The Nayab Singh Saini-led BJP government on Thursday rolled out the “Haryana Witness Protection Scheme, 2025” to ensure the protection of the witnesses as the state gears up to implement the three new criminal laws. Change of identity an option In cases where a witness requests a change of identity, and based on the threat analysis report, the competent authority …

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 …

Advocate (Protection) Act in the offing: Telangana HC Chief Justice
7 months, 2 weeks ago

Advocate (Protection) Act in the offing: Telangana HC Chief Justice

Deccan Chronicle  

Hyderabad: Chief Justice Alok Aradhe of the Telangana High Court Justice on Thursday assured the advocates community that their desire for an Advocate Act would soon see the light of the day. Speaking after hoisting the National Flag, Justice Aradhe said that the High Court had recommended to the government to bring in the Act, especially considering the recent attacks …

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 …

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 …

Special MP/MLA Benches To Only Hear Cases Against Them; Not Those Filed By Them, Orders Madras High Court
4 years, 1 month ago

Special MP/MLA Benches To Only Hear Cases Against Them; Not Those Filed By Them, Orders Madras High Court

Live Law  

The Madras High Court has ordered that Special Benches, which are established in Courts to expeditiously hear criminal cases pertaining to MPs/ MLAs, will only hear cases "filed against" them. A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy noted that on several occasions, when there are benches specially dealing with matters pertaining to MPs and …

Cases Against MPs/MLAs: Madras High Court Mulls Constitution Of Committee To Set Up Additional Infrastructure For Expeditious Disposal
4 years, 2 months ago

Cases Against MPs/MLAs: Madras High Court Mulls Constitution Of Committee To Set Up Additional Infrastructure For Expeditious Disposal

Live Law  

The Madras High Court has observed that in order to expedite the hearing of criminal cases against MPs/ MLAs in Trial Courts, specific times on a daily or weekly basis need to be allotted, irrespective of whatever other business the relevant Court may have. 'This Matter Has To Get Precedence' Madras HC Orders For A Comprehensive Roadmap For Clearing Pending …

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 …

Karnataka High Court Asks State Govt To Place On Record Procedure To Appoint Prosecutors In MP/MLA Courts
4 years, 4 months ago

Karnataka High Court Asks State Govt To Place On Record Procedure To Appoint Prosecutors In MP/MLA Courts

Live Law  

The Karnataka High Court has directed the State government to place on record the procedure followed by it for making choice of the public prosecutors who would be appearing before the special court constituted to try criminal cases against Member of Parliament and Member of Legislative Assembly. A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi …

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, …

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 …

Karnataka HC Allows Physical Filing Of New Cases On Experimental Basis From Wednesday [Read Notice]
4 years, 10 months ago

Karnataka HC Allows Physical Filing Of New Cases On Experimental Basis From Wednesday [Read Notice]

Live Law  

The Karnataka High Court had decided on an experimental basis to allow physical filing of new cases on 13th, 14th and 15th of May 2020 from 11.00 a.m. onwards. The Notice issued reads "The Advocates/parties-in-person/Advocates' clerks who wish to file the matters on the aforesaid dates will have to apply for seeking appointment of the date and time for physical …

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 …

Section 195A IPC Is Not Restricted To Threatening Of Witness Only By The Accused: Karnataka HC [Read Judgment]
6 years ago

Section 195A IPC Is Not Restricted To Threatening Of Witness Only By The Accused: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court, interpreting provisions of 195 A of the Indian Penal Code observed the said provision is not restricted that threatening only by the accused. Justice HP Sandesh was considering an appeal against the Trial Court order which rejected a witness's application under 195A of the Criminal Procedure on the ground that the accused persons named in the …

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 …

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 …

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