Create WhatsApp Groups For Summoning Witnesses In Criminal Trials But Ensure Privacy: Madhya Pradesh High Court Suggests To Police

Justice Anand Pathak observed, “It is earnestly believed by this Court that Director General of Police and Director, Prosecution shall seriously take a workshop and suggestion from police officers and other experts to think of creating concept of WhatsApp Groups for twin purpose of summoning the witnesses and protection of witnesses.”

The court's decision stems from a petition filed under Section 482 of the Criminal Procedure Code (Cr.P.C.). The petitioner sought direction to the Trial Court for the expeditious conclusion of proceedings and criminal trials related to a case pending before the Special Judge (MPDVPK Act), District Morena.

The Court noted that the time taken to summon witnesses and their failure to appear in court can severely impact the prosecution's case, ultimately hindering the cause of justice.

“Due to delay, witnesses are threatened, won over, overpowered or allured so that they did not support the story of prosecution and become hostile. Even if they are not won over, even then they do not turn up for deposition. Some times big communication gap exists because those summons which are being issued by the learned Trial Court did not reach to the witnesses and for police, it is a less important job,” the Court further said.

The court, recalling its previous directives issued in the case of Bantu @ Dharmendra Gurjar (MCRC No.41617/2022), reiterated the need for witnesses to be served promptly and for officers to appear for deposition before the Trial Court. This step, the court was hopeful, would expedite trials and improve the overall justice system.

The Court stressed the importance of handling WhatsApp Groups in legal proceedings. It emphasized that the creation of a WhatsApp Group should be documented on the order sheet, and once the trial is concluded, the Group should be deleted.

The Court said that the privacy and dignity of the Group members must be maintained, ensuring it serves solely as a tool for trial facilitation. Furthermore, the Court highlighted the value of incorporating useful suggestions from police officers if they aid in a smooth trial process while safeguarding the privacy and identities of witnesses.

Taking note of the present case, the Court noted that the trial had consumed significant time, negatively impacting the confidence of the complainant and the cause of justice.

Consequently, the Court directed the Trial Court to proactively schedule weekly hearings and address any attempts by the defense counsel to delay the case seriously.

“It is the duty of defense counsel also to participate in the mission of speedy justice as enshrined under Article 21 of the Constitution. Right to access justice is not confined to accused only. It is available for complainant/informant also. Rather, it is all pervasive,” the Court said.

The order comes on the heels of an order passed last week, by the same judge, urging the Director General of Police and Director of Prosecution to organize a workshop and seek expert input on the creation of such WhatsApp Groups.

The matter has been placed under the "Direction" category to ensure compliance, with proceedings scheduled for the week commencing 20.11.2023 at the top of the list.

Counsel/S For The Applicant : Mr. Shri Harshit Sharma, Advocate

Counsel/S For The State : Shri Virendra Pal – Deputy Advocate General

Case Title: Vijendra Singh Sikarwar Vs. The State Of Madhya Pradesh And Ors

Case No.: Misc. Criminal Case No. 24900 Of 2023

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