The Madhya Pradesh High Court, under the guidance of Justice Anand Pathak, has directed the state police to consider the development of WhatsApp groups for the dual purpose of summoning witnesses and ensuring their protection. This innovative approach aims to expedite the trial process and bolster the cause of justice.
The directive emerged from a petition filed under Section 482 of the Criminal Procedure Code (Cr.P.C.), which sought the swift conclusion of proceedings and criminal trials related to a case pending before the Special Judge (MPDVPK Act), District Morena. Justice Pathak remarked,
“It is earnestly believed by this Court that Director General of Police and Director, Prosecution shall seriously take a workshop and suggestion from police officers and other experts to think of creating the concept of WhatsApp Groups for twin purpose of summoning the witnesses and protection of witnesses.”
The Court highlighted the challenges faced due to delays in summoning witnesses, which often result in witnesses being threatened, won over, or becoming hostile. Justice Pathak observed,
“Due to delay, witnesses are threatened, won over, overpowered or allured so that they did not support the story of prosecution and become hostile. Even if they are not won over, even then they do not turn up for deposition. Sometimes big communication gap exists because those summons which are being issued by the learned Trial Court did not reach to the witnesses and for police, it is a less important job.”
To ensure the effective use of these WhatsApp groups, the Court emphasized that their creation should be documented on the order sheet. Once the trial concludes, these groups should be deleted to maintain the privacy and dignity of the members. The Court further stated,
“Privacy and dignity/decency of the members of the WhatsApp Group be maintained, so that it may be available only as a tool for facilitation of trial rather than for any other purpose.”
Justice Pathak also underscored the importance of defense counsel’s active participation in ensuring speedy justice, as enshrined under Article 21 of the Constitution. He noted,
“It is the duty of defense counsel also to participate in the mission of speedy justice as enshrined under Article 21 of the Constitution. Right to access justice is not confined to accused only. It is available for complainant/informant also. Rather, it is all pervasive.”
The order follows a previous directive by the same judge, urging the Director General of Police and Director of Prosecution to organize a workshop on the creation of such WhatsApp Groups. The case, titled “Vijendra Singh Sikarwar Vs. The State Of Madhya Pradesh And Ors,” is scheduled for proceedings in the week commencing 20.11.2023.
