The Court directed all the High Courts to take necessary steps to set up Vulnerable Witnesses Deposition Centres (VWDCs) in all districts. The Court said this exercise must be completed on or before 30 April 2024.
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NEW DELHI: To enhance the judicial process for vulnerable witnesses, the Supreme Court of India, led by Chief Justice of India DY Chandrachud along with Justices J.B. Pardiwala and Manoj Misra, has directed all High Courts to establish Vulnerable Witness Deposition Centres (VWDCs) by April 30, 2024. This directive follows the Court’s earlier decision in the case of State of Maharashtra vs Bandu @ Daulat (2018) 11 SCC 163, where it emphasized the need for special centers to record statements of vulnerable witnesses in a conducive environment.
The decision to set up VWDCs is part of a broader effort to create a safe and barrier-free environment for recording evidence from vulnerable witnesses, a concern that has engaged the Supreme Court’s attention for over two decades. In 2021, a bench comprising Justices DY Chandrachud and Surya Kant had issued detailed directions to facilitate the implementation of this initiative, highlighting the critical need for these facilities.
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As part of these efforts, the Court had previously directed every High Court to establish a permanent VWDC committee. This committee is responsible for conducting periodic training programs for managing VWDCs and sensitizing all stakeholders, including judicial officers, members of the bar, and court staff. To spearhead this initiative, Justice Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court, was appointed to chair the committee responsible for designing and implementing a nationwide VWDC training program.
In the latest order, the Supreme Court extended Justice Mittal’s term, acknowledging the ongoing progress in setting up and monitoring VWDCs. The Court also requested Justice Mittal to prepare an updated status report, due in the first week of May 2024, to indicate the compliance status of the High Courts with these directives.
The Court noted that the High Courts of Odisha and Madras have yet to fully implement the VWDC guidelines based on the 2022 model circulated by Justice Mittal. Specifically, the Court pointed out that Odisha has not implemented the guidelines for civil cases, and Tamil Nadu has not taken any action concerning the expanded definition of vulnerable witnesses.
To address these gaps, the Court authorized Justice Mittal to inform the Registrars General of the High Courts of Odisha and Madras about these issues, along with a copy of the order, to ensure necessary steps are taken by April 30, 2024.
This directive from the Supreme Court marks a crucial step in strengthening the support system for vulnerable witnesses in the Indian judicial process, ensuring their protection and facilitating a more empathetic and effective justice delivery system. The case, underscores the judiciary’s commitment to enhancing the legal framework for vulnerable individuals in the country.
Case Title:
Smruti Tukaram Badade v. The State Of Maharashtra and Anr., Citation : 2024 LiveLaw (SC) 43
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