Mahender Chawla vs Union of India - Supreme Court Important Judgment

 Mahender Chawla vs Union of India - Supreme Court Important Judgment 2018 - 

On 5th December, 2018, in the case of Mahender Chawla & Ors. v. Union of India & Ors. [Writ Petition (Criminal) No. 156 of 2016], the Supreme Court observed that “there is a paramount need to have witness protection regime, in a statutory form, which all the stakeholders and all the players in the criminal justice system concede” but “no such legislation has been brought about.”

 Accordingly, the Supreme Court approved the Witness Protection Scheme, 2018 (as prepared by respondent no.1) and directed it to come “into effect forthwith.” It was directed that the “Union of India as well as States and Union Territories shall enforce the Witness Protection Scheme, 2018 in letter and spirit” and that “it shall be the ‘law’ under Article 141/142 of the Constitution, till the enactment of suitable Parliamentary and/or State Legislations on the subject.” In line with the provisions contained in the Scheme, it was directed that “in all the district courts in India, vulnerable witness deposition complexes shall be set up by the States and Union Territories” “within a period of one year.” The Central Government was asked to “support this endeavour of the States/Union Territories by helping them financially and otherwise.”