NEW DELHI: Even as the Supreme Court on Wednesday directed state governments to provide round-the-clock police protection to witnesses facing threats, the capital had implemented the “Delhi witness protection scheme” in 2015 through an order issued by the lieutenant governor. This had been done in the wake of a 2013 Delhi high court judgment in State versus Manu Sharma that had seen serious threats being alleged against witnesses.Under the 2015 scheme, there are three categories of witnesses, those in Category A facing an imminent threat to their life and those of their families. The second category required the protection of their reputation or property, while Category C witnesses and their families were at risk of harassment and intimidation.The protection given to witnesses is deemed to be as basic as providing a police escort to the courtroom, offering temporary residence in a safe house or using modern technology such as video-conferencing for recording a testimony. But in more complex cases, where the cooperation of a witness was critical to the successful prosecution of a powerful criminal, extraordinary measures such as anonymity and resettlement under a new identity in an undisclosed location are to be considered.Accordingly, Delhi government created a witness-protection fund to support such requirements. “While the allocations are made in the annual budget of the state government, the fund also includes the receipt of fines imposed on the accused, apart from donations from national and international charity organisations or philanthropists. The divisional magistrate operates the fund,” a state officer explained.Among other protective measure, the 2015 notification advocates the use of specially designed “vulnerable witness courtrooms” equipped with live links, one-way mirrors and screens and separate passages for witnesses and accused. The officer added, “It also says witnesses should have the option to modify the image of their faces as well as the audio feed of their voices.”Once the order for witness protection is passed, cops have to ensure its implementation. During the investigation or the trial, witnesses can file an application with the area DCP requesting identity protection, who will then ask the Special Cell for the threat analysis report. The witness or family members or any other person seen suitable in determining the threat perception are questioned before validation of the identity protection order.Once an order for concealment of a witness’ identity is passed by the competent authority, it is the responsibility of Delhi government’s divisional commissioner or Delhi Police’s witness protection cell to ensure that the identity of such a witness is fully protected. The witness is provided with an emergency contact number usually of the area SHO for emergency use. The scheme permits police to monitor the witnesses’ email and telephone calls for security reasons, and the serving telecom can be asked to allot another number to them. Police can also help them procure unlisted numbers.The guidelines enjoin upon the SHO, investigating officer and others concerned, including lawyers from both parties, to maintain full confidentiality. The IO is also required to preserve the soft copy of the papers related to the proceeding for three years.

Stay updated with all the Delhi Latest News headlines here. For more exclusive & live news updates from all around India, stay connected with NYOOOZ.