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Witnesses shot, silenced, ignored: SC flags 'eyes and ears' of justice system, seeks real protection beyond schemes

Witnesses shot, silenced, ignored: SC flags 'eyes and ears' of justice system, seeks real protection beyond schemes

Time of India2 days ago
Following the murder of a double murder witness in Delhi, the Supreme Court emphasized the critical need for witness protection. Legal experts are urging the strict implementation of the witness protection program.
NEW DELHI: It's been over two weeks since armed assailants shot dead a double murder witness inside his car in southwest Delhi.
In the last one year, witnesses in three cases have been killed and several have faced intimidation.
With the apex court on Thursday expressing the need to protect witnesses and calling them police's eyes and ears, legal experts said there was a dire need to implement the witness protection programme in spirit.
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Cops say that they take a lot of measures and precautions ranging from naming the witnesses in codewords in charge-sheets and providing them security cover if required.
However, sources said that a more robust threat analysis of witnesses needed to be carried out in critical cases and measures taken to secure them.
"This is crucial so that important witnesses are not harmed or don't turn hostile in critical cases. Any complaint of witness intimidation should be given high priority given the extent to which
Delhi Police
's cases rely on witness statements," said a retired senior cop.
Delhi govt notified the new witness protection scheme in April this year. It categorises witnesses into three threat levels-high, moderate and low- and provides tailored protection measures accordingly.
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These measures include physical security enhancements, identity concealment, relocation assistance and special court arrangements.
"The scheme is financed through a state witness protection fund, which is supported by budgetary allocations, court-imposed costs, donations and CSR contributions. Witnesses or their representatives can file applications for protection with the authority concerned, who will then prepare a threat analysis report and recommend protection measures," an officer explained.
The protection orders are implemented by the witness protection cell of Delhi Police or the trial court, while the home department handles identity changes and relocation.
The scheme emphasises confidentiality and record preservation, with stakeholders required to maintain strict secrecy and preserve records until legal proceedings conclude.
An appeal mechanism allows aggrieved parties to challenge decisions within 15 days, and filing false complaints may result in expense recovery from the witness.
Besides strict enforcement of this scheme, retired police officers also highlighted that witness protection was not just about short-term safety but long-term support and monitoring were crucial to ensure the witness's continued safety and well-being. "Psychological support and counselling are crucial to help them cope with the emotional impact of testifying," said a retired senior cop.
Delhi Police said it had a dedicated witness protection cell at the district level, headed by an additional DCP rank officer, to implement the scheme and the cell acts on threat analysis reports.
In various countries, the police's witness protection plan comprises various measures, including installation of security doors, CCTV cameras, alarms and fencing in witnesses' homes.
Their identities are protected by changing their names or alphabets. In cases of grave threats, witnesses and their families are relocated to a safe location too.
The US Marshals Service operates the witness security programme, which provides protection and new identities, including social security numbers to witnesses and their families.
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