1) SC approves Witness Protection Scheme 2018
We, accordingly, direct that:
(i) This Court has given its imprimatur to the Scheme prepared by respondent No. 1 which is approved hereby. It comes into effect forthwith.
(ii) The Union of India as well as States and Union Territories shall enforce the Witness Protection Scheme, 2018 in letter and spirit.
(iii) It shall be the ‘law’ under Article 141/142 of the Constitution, till the enactment of suitable Parliamentary and/or State Legislations on the subject.
(iv) In line with the aforesaid provisions contained in the Scheme, in all the district courts in India, vulnerable witness deposition complexes shall be set up by the States and Union Territories. This should be achieved within a period of one year, i.e, by the end of the year 2019. The Central Government should also support this endeavour of the States/Union Territories by helping them financially and otherwise.
In the Supreme Court of India
(Before A.K Sikri and S. Abdul Nazeer, JJ.)
Mahender Chawla v. Union of India
Writ Petition (Criminal) No. 156 of 2016
Decided on December 5, 2018
Citation: 2018 SCC OnLine SC 2679