India desperately needs a witness protection law in order to safeguard witnesses and families of victims. This fact was rammed home after the recent ‘encounter’ killing of 20 alleged smugglers from Tamil Nadu by the Andhra Pradesh police. The National Human Rights Commission, taking cognizance of the danger to the victims’ families and witnesses, directed the Tamil Nadu police to provide them protection.
1. Witnesses Dying In High-Profile Cases
Take the charge of rape against Asaram Bapu, levelled by two sisters in Surat. The self-styled godman is in jail but his reach perhaps goes beyond the writ of law.
In January 2015, a key witness in the case, 36-year-old Akhil Gupta was shot dead by unidentified people in Uttar Pradesh’s Muzaffarnagar district. He was the second witness to have met this fate. Earlier in June 2014, Amrut Prajapati, a former Asaram aide and a witness was shot dead. Yet another witness, Dinesh Bhavchandani was the victim of an acid attack at a Jodhpur court this year.
In yet another case, Nadeem Saiyed, a witness in 2002 post-Godhra riots of Naroda Patia was brutally stabbed to death by four men in Ahmedabad in 2011. He was killed allegedly for providing information on the illegal slaughter of cattle to the police. Saiyed had also filed an FIR alleging that he was being pressured to change his statement.
When The Quint spoke to Amod Kanth, an activist and former top cop, he said that the criminal justice system tends to work against the interest of witnesses.
Witnesses are not only victims of crimes many times, they are also the most vulnerable, the most helpless and the most neglected lot. They require physical, emotional and financial protection.
— Amod Kanth, Fmr DGP Goa, Founder, Prayas
2. Witnesses Who Kill Themselves
Often, witnesses are a harassed lot. Even when they don’t pay with their lives, they are often intimidated, abducted, or maimed. Sometimes they commit suicide or change their minds under pressure and coercion.
In 2011, Sadiq Batcha, an aide of former Telecom Minister A Raja, allegedly committed suicide. He was part of the investigation in the 2G spectrum case and reportedly left behind a suicide note stating that he was embarrassed by the raids of various enforcement agencies.
In 1993, Ruchika Girhotra committed suicide. Three years earlier, the then teenaged girl had accused an IPS officer of sexual abuse. Her family was subsequently harassed, her brother arrested several times and she was also expelled from school for ‘indiscipline’. The pressure proved too much to bear.
3. Witnesses Who Change Their Testimony
In the infamous 2002 hit-and-run case in which Salman Khan is the main accused, Ravindra Patil, a constable assigned to the actor as a bodyguard gave a statement in which he said he had warned an intoxicated Salman to drive slowly. But Patil went missing during the trial and was arrested in March 2006 for not appearing as a witness. He was sacked by the Maharashtra police and passed away in October 2007 due to tuberculosis.
Must Deal Quickly With Witnesses
“It’s not possible to provide protection for every litigation. Let the prosecution identify and decide if the witness requires protection or not,” says former Delhi High Court judge Justice RS Sodhi to The Quint. He says a comprehensive law though would ensure quick disposal of cases.
Deposition of every witness of substance must be taken as quickly as possible so that his life and the quality of evidence is not compromised.
—Justice RS Sodhi, Former Delhi High Court judge
So Where’s The New Law?
In 2013, the Delhi government presented a draft witness protection policy in connection with the Jessica Lall murder case. More recently, the Bombay High Court directed the Maharashtra government to finalise the new Maharashtra Witness Protection Act within six months. The court also recommended bringing whistle-blowers and activists under the realm of the legislation.
In 2006, the Law Commission published a detailed report about the protection of witnesses. The Commission had recommended protection at all stages of investigation, and trial and even post-trial. Sadly, the panel’s recommendations have been ignored till date.
It’s already too late for hundreds of witnesses who have paid the ultimate price for breaking their silence. Activists, however, have been optimistic since the issue isn’t one that splits political parties into opposing camps.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)