Expressing concern over the decline in conviction rates in heinous crime cases due to absence of protection to witnesses, the Madras High Court Bench here today directed the Home Secretaries of the Centre, Tamil Nadu governments, Union Law Commission Secretary and state DGP to explain measures available for protection of witnesses.
"Why can't make protection of witnesses statutory", Justice Kirubakaran, who impleaded these government officials asked hearing a petition by Tilakavathy, whose husband Karthikeyan was hacked to death by 14 persons some years ago, seeking to transfer the case from Additional District and Sessions Court, in Pudukottai district.
The Judge asked Tamil Nadu Additional Advocate General K Chellapandian and Assistant Solicitor General of the Union Government G R Swaminathan to take notice and get instructions on September 4.
The petitioner said Suman, the prime witness in the case was threatened and forced to turn hostile on April 3, when he was examined in the court.
Suman had givern a police complaint that he was kidnapped by three accused in the case, the petitioner submitted.
Suman had also filed a petition before the Additional District and Sessions Judge of Pukukottai seeking to scrap the evidence given by him in the court. However, no order was passed.
The petitioner maintained that the witness was threatened by the accused.
The Judge said "it is a very dangerous situation in which witnesses are threatened and made hostile to get the acquittal of the accused. Therefore the witness protection is one of the important issues in criminal cases. Otherwise the administration of criminal justice would continue to be in danger and it is not good for society", the judge said.
"Heinous crimes like murders and kidnapping are increasing in the last 20 years throughout the country. Therefore time has come to examine the condition by the concerned governments very seriously and take appropriate steps to safeguard and protect the witnesses" the Judge said.
