Wednesday, February 10, 2016

Have clear policy to protect witnesses: HC

The Hindu: Mumbai: Wednesday, 10 February 2016.
The Bombay High Court on Monday told the State to make up its mind and come up with a clear policy to protect whistleblowers, RTI activists and witnesses who depose in criminal trials.
The statement was made when the advocate appearing for the State submitted yet another revised draft of the Witness Protection Bill to a division bench of Justices Abhay Oka and CV Bhadang. The bench was hearing a suo motu petition after Satish Shetty, RTI activist known for exposing land scams in Maharashtra, was killed.
In the previous hearing, the court had suggested that the ambit of the Bill should also include protection of police witnesses, who depose in the court and also investigating officers who face threats.
The bill draft submitted on Monday did have the addition point that the names of witnesses will not be disclosed till the filing of the charge sheet.
It also stated that an investigating officer or any other officer, who has the knowledge that the witnesses needs physical protection, but overlooks it, can be punished with imprisonment up to a year and a fine of Rs 5,000.
Chalking out the procedure for providing protection to the witnesses, the draft bill also states that once an application is filed seeking protection, the designated committee will look into the threat perception, do a detailed inquiry into it, and submit a report in seven days. After that, the assistant commissioner or deputy district superintendent of police will decide the category of protection.
The court, however, told the State government to have some clarity and make up its mind on the policy.