Justice Abhay Oka and Justice Amjad Sayed, during the hearing of a PIL for protecting whistleblowers, had earlier questioned what steps the government was taking to protect witnesses. Government's advocate Nitin Deshpande said the draft GR is yet to be finalized as the finance department has raised queries which were referred to the DGP. The judge said if the GR is delayed, they will be compelled to direct the investigating officer to extend protection to the witness upon receiving an application.
The HC had taken suo motu cognisance of the killing of Talegaon RTI activist Satish Shetty on January 13, 2010. In February, 2013, the government came out with policy for protecting whistleblowers.
The judges remarked that the matter is pending since 2010 and asked why the government requires court's order to protect witnesses who are threatened. "For years together you have not been able to come out with a policy for protecting witnesses. Do you require court orders to protect witnesses? By the time you come out with a GR, hundreds of cases will result in acquittal," said Justice Oka.
Observing that the matter is "very important" , the judges said "if by next Friday" , the state does not come out with the GR, they will issue directions for grant of immediate interim protection for witnesses and upon inquiry if it should be continued.
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