Saurabh Malik
Tribune News Service
Chandigarh, June 4
Rapping the Haryana Police for inconsiderate approach towards witness protection particularly in crime against the human body, the Punjab and Haryana High Court has made it clear that cops were required to safeguard the accused and the witnesses without waiting for the filing of a complaint.
The directions on safeguarding the justice delivery system by shielding the victims and the witnesses came in a gang-rape case after the prosecutrix and others turned hostile.
The Bench of Justice AB Chaudhari and Justice BS Walia had earlier asked the Director-General of Police to specify why the victims and the material witnesses in gang-rape cases ultimately turned hostile in the court for want of witness protection.
The Bench had specifically observed that the police department was not required to wait for complaint from the victim and the witnesses. Rather, they were suo motu required to provide police protection.
As the case came up for resumed hearing, the Bench asserted: “There was no positive stand on the part of the police department. We regret and deprecate the cavalier attitude of the police department”.
Making clear its intent to hear the matter at length, the Bench posted the case for further directions in July first week after the conclusion of the summer vacations in the High Court.
The order is a part of a string of observations and directions issued by the Bench on the issue. India, as of now, does not have a witness protection law. The issue was extensively discussed and addressed by committees and commissions in the past, including the National Police Commission and the Law Commission in their reports.
The Witness Protection Bill was prepared and introduced in Parliament in 2015 for a potent law to ensure witness protection for a fair trial. But the Act was yet to come into existence.
The Bench observed: “It appears that only because the Witnesses Protection Act is not being passed, the bureaucracy/ police have no regard for the fate of prosecution in serious offences”.
The Bench added time was high for taking care of witness protection after the state of Haryana, during the course of hearing, placed before the Judges Supreme Court orders on granting security in the court compounds to accused and witnesses at the time of hearing.
The Bench added it would not stop the court from proceedings in the matter. “The court can issue directions, even if some other matter is pending before the Supreme Court though on a different issue altogether. There is no prohibitory order from the Supreme Court qua hearing the present matter and the issue,” the Bench observed.
from The Tribune https://ift.tt/2xOTzd8
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