MAHENDER CHAWLA & ORS. versus UNION OF INDIA & ORS.

MAHENDER CHAWLA & ORS. versus UNION OF INDIA & ORS.

There is a paramount need for witness protection in the Indian criminal justice system. The Witness Protection Scheme, 2018, prepared by the Union of India and accepted by all States/UTs, is approved and will have the force of law under Articles 141 and 142 of the Constitution until suitable legislation is enacted. The Scheme must be enforced in letter and spirit by all jurisdictions, including the setting up of vulnerable witness deposition complexes within one year, with Central Government support. Witnesses who face threats must be provided adequate protection by the States, as previously directed in respect of Uttar Pradesh and Haryana.

Parties
Petitioner: Mahender Chawla & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
05 December 2018
Procedural Posture
Writ Petition (criminal) / Disposal After Final Hearing
Outcome
Petition disposed of; Witness Protection Scheme, 2018 enforced forthwith as law under Article 141/142 until legislation.
Legal Topics
Witness Protection, Fair Trial, Article 21, Article 32, Article 141, Article 142, Criminal Justice System
Criminal Law Constitutional Law Witness Protection Fair Trial Article 21 Article 32 Article 141 Article 142 +1 more

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Parties

Mahender Chawla & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Disposal After Final Hearing

Legal Issues

  1. 1 Whether witnesses in criminal trials are entitled to protection by the State under constitutional and statutory law.
  2. 2 Whether the Witness Protection Scheme, 2018 should be enforced as law until appropriate legislation is enacted.

Ratio Decidendi

There is a paramount need for witness protection in the Indian criminal justice system. The Witness Protection Scheme, 2018, prepared by the Union of India and accepted by all States/UTs, is approved and will have the force of law under Articles 141 and 142 of the Constitution until suitable legislation is enacted. The Scheme must be enforced in letter and spirit by all jurisdictions, including the setting up of vulnerable witness deposition complexes within one year, with Central Government support. Witnesses who face threats must be provided adequate protection by the States, as previously directed in respect of Uttar Pradesh and Haryana.

Court Disposition

Petition disposed of; Witness Protection Scheme, 2018 enforced forthwith as law under Article 141/142 until legislation.

Orders

  • Union of India, States and Union Territories to enforce Witness Protection Scheme, 2018 in letter and spirit.
  • Scheme to be treated as 'law' under Article 141/142 till suitable Parliamentary or State legislation.