Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of Criminal Justice |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Administration of Criminal Justice:Witness protection – Witnesses are important players in judicialsystem, who help the judges in arriving at correct factual findings– Notwithstanding the same, the conditions of witnesses in Indianlegal system is pathetic – They are threatened at various stages –Due to lack of witness protection programme and the treatment thatis meted out to the witness, there is a reluctance in coming forwardand making statement during investigation and/or testifying in courts– One of the main reasons for witnesses to turn hostile is that theyare not accorded appropriate protection by the State – Protectionof witnesses assumes significance to enable them to depose fearlesslyand truthfully – Failure to hear material witness is denial of fairtrial – If one is unable to testify in courts due to threats or otherpressure, it is clear violation of Art. 21 of Constitution – WitnessProtection Scheme, 2018 prepared by Union of India will beconsidered as law u/Art. 141/142 of Constitution, till the enactmentof suitable Parliamentary and/or State legislations on the subject –Constitution of India – Arts. 21, 141 and 142.Constitution of India:Art. 32 – Writ petition- By witnesses in a criminal case –Alleging that they have been threatened by accused with seriousconsequences if they deposed against him – It was also alleged thatas many as 10 witnesses had been attacked and 3 witnesses hadbeen killed – Held: States of Uttar Pradesh and Haryana have beendirected to ensure full and proper protection to the petitioners byproviding adequate security. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 1153 |
Petitioner | Mahender Chawla & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2018] 14 S.C.R. 627 |
Judgement Date | 2018-12-05 |
Case Number | 156 |
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