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

Citation: [2018] 14 S.C.R. 627 · Decided: 05-12-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Disposed off

Cited by 4 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

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MAHENDER CHAWLA & ORS.
v.
UNION OF INDIA & ORS.
(Writ Petition (Criminal) No. 156 of 2016)
DECEMBER 05, 2018
[A. K. SIKRI AND S. ABDUL NAZEER, JJ.]
Administration of Criminal Justice:
Witness protection – Witnesses are important players in judicial
system, who help the judges in arriving at correct factual findings
– Notwithstanding the same, the conditions of witnesses in Indian
legal system is pathetic – They are threatened at various stages –
Due to lack of witness protection programme and the treatment that
is meted out to the witness, there is a reluctance in coming forward
and making statement during investigation and/or testifying in courts
– One of the main reasons for witnesses to turn hostile is that they
are not accorded appropriate protection by the State – Protection
of witnesses assumes significance to enable them to depose fearlessly
and truthfully – Failure to hear material witness is denial of fair
trial – If one is unable to testify in courts due to threats or other
pressure, it is clear violation of Art. 21 of Constitution – Witness
Protection Scheme, 2018 prepared by Union of India will be
considered as law u/Art. 141/142 of Constitution, till the enactment
of suitable Parliamentary and/or State legislations on the subject –
Constitution of India – Arts. 21, 141 and 142.
Constitution of India:
Art. 32 – Writ petition- By witnesses in a criminal case –
Alleging that they have been threatened by accused with serious
consequences if they deposed against him – It was also alleged that
as many as 10 witnesses had been attacked and 3 witnesses had
been killed – Held: States of Uttar Pradesh and Haryana have been
directed to ensure full and proper protection to the petitioners by
providing adequate security.
[2018] 14 S.C.R. 627
627
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628                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
Disposing of the petition, the Court
HELD : 1.1 In an adversarial system, which is prevalent in
India, the court is supposed to decide the cases on the basis of
evidence produced before it.  This evidence can be in the form of
documents. It can be oral evidence as well, i.e., the deposition of
witnesses. The witnesses, thus, play a vital role in facilitating the
court to arrive at correct findings on disputed questions of facts
and to find out where the truth lies.  They are, therefore, backbone
in decision making process.  Whenever, in a dispute, the two
sides come out with conflicting version, the witnesses become
important tool to arrive at right conclusions, thereby advancing
justice in a matter.  This principle applies with more vigor and
strength in criminal cases inasmuch as most of such cases are
decided on the basis of testimonies of the witnesses, particularly,
eye-witnesses, who may have seen actual occurrence/crime.
[Para 1][634-E-H]
1.2 Thus, witnesses are important players in the judicial
system, who help the judges in arriving at correct factual findings.
The instrument of evidence is the medium through which facts,
either disputed or required to be proved, are effectively conveyed
to the courts.  This evidence in the form of documentary and oral
is given by the witnesses.  A witness may be a partisan or
interested witness, i.e., a witness who is in a near relation with
the victim of crime or is concerned with conviction of the accused
person.  Even his testimony is relevant, though, stricter scrutiny
is required while adjudging the credence of such a victim.
However, apart from these witnesses or the witnesses who may
themselves be the victims, other witnesses may not have any
personal interest in the outcome of a case.  They still help the
judicial system. [Para 2][635-A-C]
Witness Protection in Criminal Trial in India by Girish
Abhyankar & Asawari Abhyankar – referred to.
1.3 Notwithstanding the same, the conditions of witnesses
in Indian Legal System can be termed as ‘pathetic’.  There are
many threats faced by the witnesses at various stages of an
investigation and then during the trial of a case.  Apart from facing
life threatening intimidation to himself and to his relatives, he
may have to face the trauma of attending the court regularly.
Because of the lack of Witness Protection Programme in India
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and the treatment that is meted out to them, there is a tendency
of reluctance in coming forward and making statement during
the investigation and/or testify in courts.  These witnesses neither
have any legal remedy nor do they get 

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