SC flays police, prosecution for failing to protect witnesses

NEW DELHI: The Supreme Court on Monday came down heavily upon the police and prosecution for failing to protect witnesses, leading them to turn hostile and bringing about acquittals in several high-profile criminal cases.

A bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran lamented that the investigating officer and the prosecution were now no more taking the initiative to protect the witnesses to ensure that their cases stood scrutiny in the trial courts.

Additional solicitor general Gopal Subramanian, at this point, argued that the witness protection system was working ���reasonably well.��� However, when his claim was questioned by the bench, he conceded that it was physically impossible to provide protection to each witness in a criminal case.
The bench, however, persisted that it was the responsibility of the police and prosecution to protect a witness. ���Now it appears they are not doing it,��� it observed, adding that if witnesses were taken care of, ���there will be less hostile witnesses and more convictions���.

The court, however, rejected the suggestion of the petitioner ��� an NGO, Country First, which is seeking a foolproof witness protection system to insulate them from the money and muscle power of the rich and influential accused in criminal cases ��� for replicating the US Witness Security Programme, saying that it was not practical in the Indian context.

Under the US programme, witnesses and their kin are given new identities complete with authentic documents. The State also takes care of housing, medical care and employment of the witnesses if needed.

The court, however, sought to balance its views on inadequate witness protection by pointing out that though acquittals due to witnesses turning hostile were not a new thing, they were now being highlighted due to media interest in certain high-profile cases. It be recalled that hostile witnesses had earlier led to acquittals in the famous Jessica Lall and Priyadarshini Mattoo murder cases in the lower courts.

The court adjourned the matter after ASG Subramanian said the Centre was examining the proposals for amending the Criminal Procedure Code to ensure better protection for the witnesses.

The ministry of home affairs, which was asked to improve the witness protection system by none other than Congress president Sonia Gandhi, is seized of the matter.