The Hon’ble Delhi High Court opined that witnesses are the eyes and ears of justice and for ensuring a fair trial, it needs to be ensured that witnesses are able to depose against an accused without any apprehension or threat to their lives, specifically when the offenders may be habitual or hardened criminals or may be involved in an organized crime. 

The State has a constitutional obligation and duty to protect the life and liberty of the witnesses, who apprehend a threat to their lives and a proactive role needs to be adopted in protecting such witnesses. and rare cases.

Brief Facts:

The Petitioner has preferred the present petitioner for quashing of order passed by the Witness Protection Committee with a prayer to restore the police protection in terms of order passed by Delhi State Legal Services Committee. 

Contentions of the Petitioner: 

It was submitted that the Petitioner is a team head of ‘People For Animals Wild Life Protection and Investigation Team’ which is a part of parent organisation (People for Animals).  The team is engaged to uncover and expose violations relating to wildlife. Further the Petitioner is a witness in about 300 cases.

It was argued that while assessing the threat perception, the stage of pending cases and the nature of offenders involved in aforesaid cases, has not been placed before the Witness Protection Committee for consideration.

Observations of the Court: 

It was opined that witnesses are the eyes and ears of justice and for ensuring a fair trial, it needs to be ensured that witnesses are able to depose against an accused without any apprehension or threat to their lives, specifically when the offenders may be habitual or hardened criminals or may be involved in an organized crime. The State has a constitutional obligation and duty to protect the life and liberty of the witnesses, who apprehend a threat to their lives and a proactive role needs to be adopted in protecting such witnesses. 

The Bench further expounded that even the aim and objective of the Witness Protection Scheme is to ensure that investigation, prosecution and trial of criminal offences is not prejudiced because the witnesses may feel intimidated and may not be able to fearlessly depose before the Courts. The enforcement agencies in the interest of overall administration of justice are expected to provide effective assistance to such witnesses.

The decision of the Court: 

Accordingly, the Bench provided protection to the Petitioner and listed the matter for further hearing. 

Case Title: Gaurav Gupta v. Govnt. Of NCR & Anr. 

Case No.:  W.P.(CRL) 1363/2024

Coram: Hon’ble Justice Anoop Kumar Mendiratta

Advocates for Petitioner:  Advs. Mr. Sanyam Rastogi and Mr. Vishi Aggarwal

Advocate for Respondent: Adv Ms.Rupali Bandhopadhya

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