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Supreme Court of India 2018-12-05 disposed

Mahender Chawla & Ors vs Union of India & Ors

Bench: 2 — A.K. Sikri

In Brief

This judgment addresses the critical issue of witness protection in India's criminal justice system. Four petitioners, including a rape case witness, father of a murdered witness, and a journalist who survived assassination attempts, sought court-monitored investigation in cases involving godman Asaram and his son. The Court emphasized that witnesses are essential to justice but face severe threats and intimidation. It approved the Witness Protection Scheme, 2018, establishing comprehensive safeguards including identity protection, relocation, vulnerable witness facilities with audio-visual links, and financial support. The Court directed all states to implement this scheme as binding law until Parliament enacts dedicated legislation, and mandated vulnerable witness deposition complexes in all district courts within one year.

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