Protect witnesses from probe stage itself: High court

MUMBAI: The Bombay high court on Friday directed the state to immediately provide police protection to witnesses in criminal cases right from the stage of investigation. It said that in certain cases, protection may be extended to family members, depending on the threat perception.

A division bench of Justice Abhay Oka and Justice M S Sonak said, "Giving protection to a witness even at the stage of probe is of vital importance so that witnesses feel secure when they actually come before the court for recording of their evidence." The bench added that the Law Commission has recommended protection to be given till end of trial and even thereafter.

The bench passed the order on a suo motu public interest litigation which was initially taken up in January 2010 for protection of whistle-blowers, but expanded to include witnesses. While the state came out with a policy for whistle-blowers, it had not for witnesses. It did so this year on April 11.

But the judges said it is "deficient in many ways". They said the policy does not provide for interim protection and contemplates an application to be made by the investigating officer or witness to a committee who will decide on it. The time gap between the application made for protection and the decision taken can prove to be fatal, they said, adding the committee can review it later. They said if the investigating officer feels protection is not required, he will make an entry in the station diary.

The bench expanded the definition of "witness" to include complainants and victims and not just those who are going to depose in a court but even those possessing information or documents about a crime. They said there should be wider witness protection measures, including a dedicated protection fund. The government is directed "to reconsider the whole issue and to come out with a fresh policy making appropriate provision by November 30". Until then, it shall direct immediate protection to be given to witnesses at investigation stage and issue such directions within two weeks.

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