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Synopsis

The Supreme Court has asked all the high courts to take necessary steps for setting up of Vulnerable Witnesses Deposition Centre in all districts on or before April 30, 2024.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra also extended the term of Justice Gita Mittal, former Chief Justice of the High Court of Jammu and Kashmir until July 31, 2024, as chairperson of the committee, set up for the purpose.

The bench noted that the work of setting up and monitoring the Vulnerable Witnesses Deposition Centres (VWDC) is underway.

The bench asked the Chairperson of the Committee to prepare a fresh updated status report and submit it to the court by the first week of May 2024 indicating the status of compliance with its directions issued earlier.

The court, which was dealing with a miscellaneous application, was informed that two high courts are yet to implement the VWDC guidelines based on the model of 2022 circulated by Justice Gita 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. 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 April 30, 2024," the bench said in its order on January 16, 2024.

In the case of 'State of Maharashtra v Bandu @ Daulat' (2018), directions were issued by the Apex Court for setting up “special centres for examination of vulnerable witnesses” in criminal cases so as to facilitate a conducive environment for recording the statements of vulnerable witnesses. 

The court had dwelt on the guidelines which had been issued by the high court of Delhi for recording the evidence of vulnerable witnesses in criminal matters and noted that special centres had been set up in Delhi for that purpose. 

The court had said that all high courts can adopt such guidelines if the same had not yet been adopted with such modifications as might be deemed necessary. 

“Setting up of one centre for vulnerable witnesses may be perhaps required almost in every district in the country. All the High Courts may take appropriate steps in this direction in due course in phases. At least two such centres in the jurisdiction of each High Court may be set up within three months from today. Thereafter, more such centres may be set up as per decision of the High Courts,” the court had said.

On January 11, 2022, the court had directed the Ministry of Women and Child Development of the Union Government to designate a nodal officer for coordinating the implementation of the directions and for providing all logistical support to Justice Gita Mittal, the Chairperson of the Committee appointed by this Court, including the payment of honorarium and meeting the expenses, also towards engaging domain experts for training programmes. 

Case Title: Smruti Tukaram Bobde vs. the State of Maharashtra & Ors