fbpx  

Blog

For All Defence Aspirants Supreme Court /High Court Verdicts

For All Defence Aspirants Supreme Court /High Court Verdicts

Supreme Court/High Court Verdicts

Witness Protection Scheme

The Supreme Court Brought In Place The Witness Protection Scheme,2018.

The Witness Protection Scheme Was Drawn Up By The Centre With Inputs From Various States/ Uts ,Legal Services Authorities And Civil Society.

The Scheme Seeks To Ensure That The Investigation And Trial Of Criminal Offences Are Not Prejudiced Because Witnesses Are Intimidated Or Frightened To Give Evidence.

The Scheme Will Have The Effect Of A Law Till Parliament Enacts Suitable Legislation.

Key Points

Protection: The Scheme Seeks To Provide Round The Clock Police Protection To Witnesses Who Face Threats For Deposing Against The Accused In Criminal Cases. The Mails And Phone Calls Of The Witnesses Would Also Be Monitored To Trace The Person Threatening Them.

Categories: The Scheme Identifies Three Categories Of Witnesses As Per Threat Perception-Cases Where Threat Extends To Life; Cases Where The Threat Extends To Safety, Reputation Or Property; And Cases Where The Threat Is Moderate And Extends To Harassment Or Intimidation.

Identify: Witness Deposition Complexes Will Be Set Up In All District Courts By The States /UTs Where The Witnesses Could Fearlessly Depose Without Coming Face -To -Face With The Accused. Identify Of The Witness Can Be Further Concealed By Referring To Him/Her With A Changed Name.

Funding :The Expenses Incurred Under The Scheme Will Be Met From A Witness Protection Fund To Be Established By States/UTs. The States /UTs Should Make Annual Budgetary Allocation For The Fund Which Will Also Be Free To Accept Donations.

Responsibility: The Head Of The Police Of The State/UT’s Shall Have The Overall Responsibility For Implementing The Order.

Issues Involved

The Court Observed That The Right To Life Guaranteed Under Article 21 Also Includes In Its Fold The Right To Live In A Society, Which Is Free From Crime And Fear, And The Right Of Witnesses To Testify In Courts Without Fear Or Pressure.

There Is Little Incentive For Witnesses To Turn Up In Court And Testify Against Criminals. The Tardy Judicial Process Seldom Takes Into Account The Distance They Travel Or The Time They Lose In Attending Judicial Proceedings.

Way Forward

The Real Test Will Be The Advanced Forms Of Identify Protection: Giving Witnesses A New Identify With Matching Documents. All This Needs To Be Done Without Undermining Their Professional And Property Rights And Educational Qualifications.

The Witnesses Need To Be Assured That They Will Receive Support And Protection So That They Can Have The Confidence To Come Forward To Assist Law Enforcement And Prosecutorial Authorities. To This Effect Proper Implementation Of The Scheme Will Be The Key.

The Mali math Committee On Criminal Justice System(2003) Had Recommended Enacting A Separate Witness Protection Law Which Has Now Become The Imminent And Inevitable Need Of The Day.

The Supreme Court Has Issued The Following Directives Towards Enforcement Of The Rights Of Elderly Persons:

The Central Government Must Obtain The Necessary Information About The Number Of Old Age Homes, Medical Facilities Available In Each District.

Make Senior Citizens Aware Of Their Constitutional And Statutory Right.

MWP Act Should Be Publicized And Implemented Effectively.

The Government Should Relook At Schemes Related To Senior Citizen And Overhaul Them To Bring Convergence And Avoid Multiplicity.

The Grant Of Pension To The Elderly Should Be More Realistic.

There Is A Need To Continuously Monitor Progress In The Implementation Of Rights Of The Elderly.

For more information on the ways to join defence go on the following links

nda coaching 

cds coaching

afcat coaching

mm
Er. HartaJ is one of the main Instructors and a part of the team At NCA. He himself has cleared the SSB process thrice, but as per his grandfather's Late Lt. Col H.S.Dhaliwal Wish he is continuing teaching and making officers. Been associated with New Careers Academy for the last 8 years, he also has been succefull in making Second and Third Generation Of officers. Once Taught by his Grandfather and Father Capt. Dhaliwal. He is know all across with students for the way he teaches and he is more of a role model for them .