Odisha Government implements Centre’s Witness Protection Scheme, notifies state High Court

Source: newindianexpress.com

CUTTACK: The state government on Monday informed the Orissa High Court that it has implemented the Centre’s Witness Protection Scheme-2018.Endorsing the Central scheme on December 5 last year, the Supreme Court had directed all States and Union Territories to implement it in letter and spirit.

One Sadasiba Swain had filed a petition in the HC seeking protection for his life and property as he was a witness in a murder case under Kodala police station area in Ganjam district. Swain was the informant in the case in which his brother was allegedly murdered.

Police, after investigation, had already filed charge sheet in the case. Acting on Swain’s petition, the HC had sought the status on implementation of the Supreme Court order from the state government.

When the case came up for hearing on Monday, State counsel Bibhu Prasad Tripathy informed the court that the state government has implemented the apex court order by way of a gazette notification of its Witness Protection Scheme-2019 on July 6.

Taking note of it, the Single Judge Bench of Justice Biswajit Mohanty directed the petitioner to approach the competent authority in the district concerned for protection under the scheme.

The competent authority is a standing committee in each district chaired by District and Sessions Judge with a head of the district police as a member and head of the prosecution as its member secretary.

The Witness Protection Scheme aims to ensure that investigation, prosecution and trial of criminal offences are not prejudiced because witnesses are intimidated or frightened to give evidence without protection from other criminal forces.

According to the state government’s notification, the scheme includes three categories of witnesses as per threat perception. Category A consists of those cases where threat extends to the life of witness or family members during an investigation, trial or thereafter.

Cases where the threat extends to safety, reputation or property of the witness or family members during the investigation or trial falls under category B. Category C will have cases where the threat is moderate and extends to harassment or intimidation of the witness or family members, reputation or property during investigation, trial or thereafter.

The important features of the scheme include protective measures like ensuring that the witness and accused do not come face to face during probe, protection and change of identity, relocation of witness, confidentiality and preservation of records and recovery of expenses among others.