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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

A journalist, a witness, and family members of murdered and assaulted witnesses approached the Supreme Court under Article 32 seeking protection from threats by an accused godman and his associates. The Court examined the systemic failures in protecting witnesses in criminal trials, noting that intimidation, threats, and hostility undermine the criminal justice system. Approving a comprehensive Witness Protection Scheme, 2018, prepared by the Union of India after consultations with States and stakeholders, the Court directed it be enforced as binding law under Articles 141–142 until statutory legislation is enacted. The scheme provides threat assessments, identity protection, relocation, vulnerable witness complexes, and other safeguards. All district courts must establish vulnerable witness deposition complexes within one year to enable safe testimony without confronting accused persons.

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Criminal Procedure Witness Protection Criminal Justice System Constitutional Law Victim Rights Evidence Fair Trial Sexual Offences Child Witnesses Vulnerable Witnesses

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