Allahabad HC Directs UP Govt, Its Authorities And Committees To Implement Witness Protection Scheme
1. Background
Witnesses play a crucial role in the criminal justice system.
In India, witnesses often face threats, harassment, and intimidation from accused persons.
Lack of protection leads to witness hostility (turning hostile in court), which weakens the justice delivery system.
To address this, the Supreme Court of India in Mahender Chawla v. Union of India (2018) approved the Witness Protection Scheme, 2018, and directed all states and Union Territories to enforce it until a proper law was made by Parliament.
2. Allahabad High Court’s Directions
The Allahabad High Court in recent proceedings directed the Government of Uttar Pradesh, its authorities, and committees to:
Strictly implement the Witness Protection Scheme, 2018.
Ensure effective functioning of the State and District Witness Protection Committees.
Provide necessary funds, facilities, and mechanisms to safeguard witnesses.
Treat the safety of witnesses as a fundamental right under Article 21 (Right to Life and Personal Liberty).
3. Witness Protection Scheme, 2018 – Key Features
Classification of Threat Perception
Category A: Threat to life of witness/family during investigation or trial.
Category B: Threat to safety, reputation, or property.
Category C: Harassment or intimidation not falling under A or B.
Protective Measures
Police protection, escort to court.
In-camera trials.
Concealment of identity.
Change of phone number/relocation.
Financial aid for relocation or livelihood.
Committees
State Witness Protection Fund created for implementation.
District Witness Protection Committee headed by District Judge, with SP and District Magistrate as members.
4. Case Law on Witness Protection
Mahender Chawla v. Union of India (2018)
Supreme Court approved the Witness Protection Scheme, 2018.
Declared it binding on all states until Parliament enacts a law.
Zahira Habibullah Sheikh v. State of Gujarat (Best Bakery Case, 2004)
Court stressed on the need to protect witnesses to ensure fair trial.
Witness protection was declared an essential part of Article 21 rights.
National Human Rights Commission v. State of Gujarat (2009)
SC reiterated that witnesses must be protected from intimidation.
5. Importance of Allahabad HC’s Order
Uttar Pradesh, being a large state with high crime rates, faces serious problems of witness intimidation and hostility.
The High Court’s direction ensures:
Effective justice delivery.
Public confidence in courts.
Implementation of Article 21 by ensuring safety and dignity of witnesses.
6. Conclusion
The Allahabad High Court directed UP Govt. and its committees to fully implement the Witness Protection Scheme, 2018, as mandated by the Supreme Court.
It reaffirmed that witness protection is part of Right to Life under Article 21.
Supported by landmark cases like Zahira Sheikh (2004) and Mahender Chawla (2018), this step strengthens the justice system by ensuring that witnesses testify freely without fear.
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