MUMBAI : Bombay High Court has demanded to see by this evening a circular issued by the Maharashtra government to the police to provide interim protection to witnesses in criminal cases right from the stage of investigation.
A division bench of Justice Abhay Oka and Justice A S Gadkari questioned whether the government has issued instructions for providing interim protection to witness right from stage of investigation. On October 10 the court slammed the government’s policy as “deficient in many ways” and directed that the government come out with a new policy.
When the matter came up for hearing, the government’s advocate said the government seeks three months more to bring out a new policy. This is when the judges questioned if meanwhile interim protection is being given as per their October 10 order and asked that the circular instructing police authorities be produced before rising of court this evening.
The court is hearing a suo motu public interest litigation which was initially taken up in January 2010 for protection of whistle-blowers but expanded to include witnesses. While the State came out with a policy for whistle-blowers, it had not for witnesses. It did so on April 11. The court flayed the policy saying it does not provide for interim police protection and contemplates an application to be made by the investigating officer or the witness to a committee who will decide on it. The time gap between the application made for protection and the decision taken can prove to be fatal, it added.
TOI | Dec 1, 2014
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