Supreme Court Directs High Courts To Set Up Vulnerable Witness Deposition Centres By April 30

The bench of Chief Justice of India DY Chandrachud, Justices J.B. Pardiwala and Manoj Misra was hearing a Miscellaneous Application on the need to set up vulnerable witness courtrooms in compliance with the decision of the Supreme Court in the State of Maharashtra v Bandu @ Daulat, (2018) 11 SCC 163.

In this decision, the Top Court issued the Court directions for setting up “special centers for examination of vulnerable witnesses” in criminal cases. This was to facilitate a conducive environment for recording the statements of vulnerable witnesses. 

In 2021, the bench of Justices DY Chandrachud and Surya Kant had issued a slew of detailed directions. These were intended to ease the implementation of the directions that were rendered in Bandu as well as in other decisions. Notably, the Court had also observed that the need for and importance of setting up facilities that cater to the need to create a safe and barrier-free environment for recording the evidence of vulnerable witnesses has engaged the attention of the Supreme Court over two decades.

It must be noted that inter-alia, the direction that every High Court should set up a permanent VWDC committee, was also passed. Due regard was taken as to the importance of conducting periodic training programmes for managing and manning the VWDCs and sensitising all stakeholders, including judicial officers, members of the bar, and the staff of the court establishment. Therefore, Justice Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court, was requested to chair the committee for designing, and implementing an all-India VDWC training programme.

Based on this, in the present order, the Court also extended the term of Justice Mittal after noting that setting up and monitoring the VWDC is underway. In furtherance to the above-mentioned direction, the Court also asked the chairperson to prepare a fresh, updated status report. The same is required to be submitted by the first week of May 2024. The report shall indicate the status of compliance by the High Courts.

In this context, the Court also noted that the High Court of Odisha and Madras have yet to implement the VWDC guidelines. These guidelines are based on the 2022 model circulated by Justice Mittal.

“The State of Odisha is yet to implement the guidelines insofar as civil cases are concerned. In terms of the expanded definition of vulnerable witnesses, the State of Tamil Nadu has not taken any action at all.”

Accordingly, the Court allowed Justice Mittal to apprise the Registrars General of the concerned High Courts about the same.

“We permit Justice Gita Mittal to draw this fact to the attention of the Registrars General of the High Courts of Odisha and Madras together with the copy of this order so as to ensure that both the High Courts take necessary steps positively on or before 30 April 2024.”

Case Title: Smruti Tukaram Badade v. The State Of Maharashtra and Anr.,

Citation : 2024 LiveLaw (SC) 43

Click here to read/ download the order