Madhya Pradesh HC Proposes Use Of SANDES App For Communications Between Police & Witnesses Instead Of WhatsApp

Justice Anand Pathak has directed Dy. Advocate General to seek instructions from National & State Informatic Centers for synchronization of ‘SANDES’ App with Inter Operable Criminal Justice System (ICJS).

The court made such a proposal to create ‘SANDES’ groups to ensure proper communication between police and prosecution witnesses during the pendency of a criminal trial, especially in cases involving heinous offences, and to ensure speedy trial as well.

“….This way it would become part of ICJS and thus later on connected with C.C.T.N.[Crime& Criminal Tracking Network] and other related systems. Witness intimidation can also be looked into by the Police Authorities if any complaint is made in this regard by the complainant over the said Group…”, the court noted about the benefits of such common groups as mentioned in the detailed discussion that ensued in the case of Vijendra Singh Sikarwar v. State of M.P. & Ors. (2023).

Though the High Court had contemplated the creation of WhatsApp Groups for the said purpose in Vijendra Singh Sikarwar, the single judge bench, in this case, deemed it fit to rely on ‘SANDES App’ to alleviate the concerns regarding data protection. ‘SANDES App’ is an Indian state-owned instant messaging platform primarily used for inter-departmental communication in the Central Government.

While directing that a copy of the order must be sent for compliance to various departments including Directors of NIC and SIC, DGP of Madhya Pradesh Police, and IG as well as SSP of Gwalior, the court went on to explain the need for a revised system as given below:

““Purpose is to bring connectivity and communication of complainant/victim with the Investigating Office/Public Prosecutor and other stake holders. Through this mechanism, intimidation/threat to the prosecution witnesses regarding evidence would be minimized at the earliest and Witness Protection would also be ensured pro-actively. Spirit of order passed by the Apex Court in the case of Mahendra Chawla and o Ithers Vs. Union of India and others reported in 2018 SCC Online SC 2678 would also be ensured.” In Mahendra Chawla, the Supreme Court had approved the Witness Protection Scheme, 2018 and directed the Centre and states to set up vulnerable witness deposition complexes in every district.

If it is found that SANDES App and ICJS can be connected, then the technical wing of police authorities can create ‘SANDES Groups’ instead of ‘WhatsApp Groups’, the court added. In such groups, by the synchronisation with ICJS, crime numbers with corresponding SHO, Police Station, Investigating Officer, Public Prosecutor, Court Munshi and other material prosecution witnesses/eyewitnesses and complainant/victim can be added, the court observed.

In Vijender Singh, the court had envisioned another phase to this initiative apart from the above-mentioned, i.e., a second phase where other witnesses like Doctors/Forensic Experts etc. were to be added.

The matter has been posted for reporting compliance on 21.11.2023.

The court made the above observations in a case where the applicant has been accused of meting out threats to the complainant/witness and intimidating him.

Case Title: Radhe @ Radheshyam Singh Tomar v. The State Of Madhya Pradesh

Case No: MCRC No. 39865 of 2023