The Punjab and Haryana High Court recently issued a slew of directions geared towards witness protection and to ensure the integrity of their testimony during criminal trial..Taking serious note of the pathetic state of witness protection in India, the Bench of Justices Rajiv Sharma and Harinder Singh Sidhu noted,.“The Court can take judicial notice of the fact that the trials are not concluded expeditiously. The accused try to influence the witnesses. The witnesses are threatened of dire consequences. The witnesses are always under threat by the accused…There is urgent need to provide protection to the witnesses to enable them to depose fearlessly…..… The witnesses are the integral part of the administration of justice. They have to be given utmost respect and honour.”.The case before the Court involved an appeal against a 2014 trial court judgment which found two persons guilty of murder. Of the two, one of the accused died during the pendency of the case..The Court eventually affirmed the trial court conviction and dismissed the appeal. However, before parting with the judgment, the Court issued directions for ensuring the protection of witness testimony, in view of the State’s obligations in this regard..“It is the prime duty of the State Government to protect the witnesses to undertake fair scientific investigation and fair trial. The witnesses have a right to be protected by the State Government being an essential component of criminal justice delivery system. It would be pertinent to take into consideration the dire need to provide protection to the witnesses.”.In the instant case, three official witnesses, who were present at the spot of the crime turned hostile during the criminal trial. Moreover, the Court also noted that the examination of another witness involved a delay of six months..The Court makes critical note that such an apathetic approach to treating witnesses is not uncommon in India..“The witnesses are not adequately compensated for the amount they spent from their pocket. They have to travel long distances. There are no separate rooms for them to sit… There is constant threat perception to the witnesses and their families. The witnesses have to depose at times against the gangsters, terrorists, smugglers, muscle men and persons involved in heinous crimes. The threat perception at times keeps the witness away from the courts. The threat perception persists during the course of investigation, during trial and also after the conclusion of trial..Unnecessary adjournments are given by the trial courts prolonging the trial and causing mental agony to the witnesses. The trial should be held on day-to-day basis. The witnesses are required to be shown utmost respect and their dignity has to be maintained during the course of investigation and at the time of trial. The entire system is required to be sensitized. Since the witnesses are under constant threat, there is an increasing tendency of turning them hostile.”.The Court goes on to point out that this also contributes to the abysmal conviction rate in India..“The conviction rate in India is lowest. It is not more than 40%. In advance countries, like in Japan, the conviction rate is about 98%. The tendency on the part of the official witnesses turning hostile is alarming.”.Directions issued.In view of the above observations, and given the Supreme Court’s 2018 direction to enforce the Witness Protection Scheme, 2018 throughout the country, the High Court proceeded to order as follows..No adjournments in criminal trials save for cogent, convincing, special reasons.All trial courts in Punjab are to examine eye-witnesses expeditiously on a day-to-day bases/continuous basis in line with Section 309, CrPC. Adjournments for next day shall be granted only after recording cogent, convincing and special reasons.The Reporting Officers are directed to enter adverse remarks in Annual Confidential Reports of the Judicial Officers who do not hold the trial on a day-to-day basis..Witness protection measures.The State of Punjab has been directed to make suitable amendments to the Indian Penal Code and the Code of Criminal Procedure within three months to punish the persons inducing, threatening and pressurizing any witness to give false statements. All the witnesses should be paid a reasonable amount as travelling allowance on the date of recording of their statement and if the statement spills over to the next date, the boarding and lodging of the witnesses should be provided by the State Government from State Exchequer. State of Punjab has to ensure that material witnesses in heinous and sensitive matters are insured on a short-term or long term basis to enable them to fearlessly testify before the Court. The Court also directed the State to protect their identity, change their identity and relocate the witnesses.The State of Punjab should install security devices in the witness’s home such as security door, CCTVs, alarms, fencing etc.The Police must have emergency contact numbers of witnesses, close protection for the witnesses, regular patrolling around the witness’s house, escort to the Court and from the Court to their home with provision of Government vehicle or a State-funded conveyance on the date of hearing..Investigating officers to record witness testimony by audio-video and electronic means.All the investigating officers in the State of Punjab have been directed to record the statement under Section 161 CrPC by audio, video, and electronic means forthwith, as per Section 161 CrPC. .Disciplinary action against hostile witnesses in the instant case.The State of Punjab has also been directed to initiate disciplinary proceedings against PW-10 HC Jagjit Singh, PW-11 HC Gurjit Singh, PW-12 HC Sunil Kumar within three months, for dereliction of their duties for not supporting the case of prosecution though they were on the spot. .The Court has also added that the Home Secretary of Punjab will be personally responsible for the implementation of these directions..[Read Judgment].Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
The Punjab and Haryana High Court recently issued a slew of directions geared towards witness protection and to ensure the integrity of their testimony during criminal trial..Taking serious note of the pathetic state of witness protection in India, the Bench of Justices Rajiv Sharma and Harinder Singh Sidhu noted,.“The Court can take judicial notice of the fact that the trials are not concluded expeditiously. The accused try to influence the witnesses. The witnesses are threatened of dire consequences. The witnesses are always under threat by the accused…There is urgent need to provide protection to the witnesses to enable them to depose fearlessly…..… The witnesses are the integral part of the administration of justice. They have to be given utmost respect and honour.”.The case before the Court involved an appeal against a 2014 trial court judgment which found two persons guilty of murder. Of the two, one of the accused died during the pendency of the case..The Court eventually affirmed the trial court conviction and dismissed the appeal. However, before parting with the judgment, the Court issued directions for ensuring the protection of witness testimony, in view of the State’s obligations in this regard..“It is the prime duty of the State Government to protect the witnesses to undertake fair scientific investigation and fair trial. The witnesses have a right to be protected by the State Government being an essential component of criminal justice delivery system. It would be pertinent to take into consideration the dire need to provide protection to the witnesses.”.In the instant case, three official witnesses, who were present at the spot of the crime turned hostile during the criminal trial. Moreover, the Court also noted that the examination of another witness involved a delay of six months..The Court makes critical note that such an apathetic approach to treating witnesses is not uncommon in India..“The witnesses are not adequately compensated for the amount they spent from their pocket. They have to travel long distances. There are no separate rooms for them to sit… There is constant threat perception to the witnesses and their families. The witnesses have to depose at times against the gangsters, terrorists, smugglers, muscle men and persons involved in heinous crimes. The threat perception at times keeps the witness away from the courts. The threat perception persists during the course of investigation, during trial and also after the conclusion of trial..Unnecessary adjournments are given by the trial courts prolonging the trial and causing mental agony to the witnesses. The trial should be held on day-to-day basis. The witnesses are required to be shown utmost respect and their dignity has to be maintained during the course of investigation and at the time of trial. The entire system is required to be sensitized. Since the witnesses are under constant threat, there is an increasing tendency of turning them hostile.”.The Court goes on to point out that this also contributes to the abysmal conviction rate in India..“The conviction rate in India is lowest. It is not more than 40%. In advance countries, like in Japan, the conviction rate is about 98%. The tendency on the part of the official witnesses turning hostile is alarming.”.Directions issued.In view of the above observations, and given the Supreme Court’s 2018 direction to enforce the Witness Protection Scheme, 2018 throughout the country, the High Court proceeded to order as follows..No adjournments in criminal trials save for cogent, convincing, special reasons.All trial courts in Punjab are to examine eye-witnesses expeditiously on a day-to-day bases/continuous basis in line with Section 309, CrPC. Adjournments for next day shall be granted only after recording cogent, convincing and special reasons.The Reporting Officers are directed to enter adverse remarks in Annual Confidential Reports of the Judicial Officers who do not hold the trial on a day-to-day basis..Witness protection measures.The State of Punjab has been directed to make suitable amendments to the Indian Penal Code and the Code of Criminal Procedure within three months to punish the persons inducing, threatening and pressurizing any witness to give false statements. All the witnesses should be paid a reasonable amount as travelling allowance on the date of recording of their statement and if the statement spills over to the next date, the boarding and lodging of the witnesses should be provided by the State Government from State Exchequer. State of Punjab has to ensure that material witnesses in heinous and sensitive matters are insured on a short-term or long term basis to enable them to fearlessly testify before the Court. The Court also directed the State to protect their identity, change their identity and relocate the witnesses.The State of Punjab should install security devices in the witness’s home such as security door, CCTVs, alarms, fencing etc.The Police must have emergency contact numbers of witnesses, close protection for the witnesses, regular patrolling around the witness’s house, escort to the Court and from the Court to their home with provision of Government vehicle or a State-funded conveyance on the date of hearing..Investigating officers to record witness testimony by audio-video and electronic means.All the investigating officers in the State of Punjab have been directed to record the statement under Section 161 CrPC by audio, video, and electronic means forthwith, as per Section 161 CrPC. .Disciplinary action against hostile witnesses in the instant case.The State of Punjab has also been directed to initiate disciplinary proceedings against PW-10 HC Jagjit Singh, PW-11 HC Gurjit Singh, PW-12 HC Sunil Kumar within three months, for dereliction of their duties for not supporting the case of prosecution though they were on the spot. .The Court has also added that the Home Secretary of Punjab will be personally responsible for the implementation of these directions..[Read Judgment].Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.
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