Observing that witnesses are "bulwarks" in a criminal case, a bench of justices S Ravindra Bhat and G P Mittal said that they should not be allowed to come under pressure of accused as has been seen "in case after case" and it is the duty of the government to provide adequate protection to them.
"The perception of such power being wielded liberally and without compunction, to harass, intimidate, or often win over witnesses, is widespread. There is no gain saying that such perception is borne out in case after case, when witnesses who are considered bulwarks of the prosecution version turn turtle and do not support the state," the bench said.
The bench gave the direction in its 103-page verdict directing prosecution of Bollywood actor Shyan Munshi and a ballistic expert for turning hostile in the sensational Jessica Lall murder case.
"Acting within the scope of its power, it is of the opinion that suitable directions to the executive, particularly the concerned officials and authorities of the NCT to evolve a witness protection program which would ensure fairness of the trial process, secure the public interest in protection of witnesses, and at the same time take care that none of the accused's rights to a fair trial are compromised, are evolved and implemented," the bench said.
Stating that the directions is binding on Delhi government and government till it is replaced by suitable legislation, the bench said "The Delhi government shall prepare an Action Taken Report, and place it before the Court, at the end of ten weeks."
The bench referred the matter to Chief Justice to convert the matter as PIL and set up an special bench to monitor the witness protection programme of the city government.