In a groundbreaking legal stride, the Supreme Court has mandated all High Courts to swiftly instate Vulnerable Witnesses Deposition Centres (VWDCs) across districts. The apex court underscores the imperative of completing this pivotal initiative by April 30, 2024.
This extraordinary move comes in response to a Miscellaneous Application addressing the imperative need for vulnerable witness courtrooms, in compliance with the Supreme Court’s precedent in the State of Maharashtra v Bandu @ Daulat (2018) 11 SCC 163. The Chief Justice of India DY Chandrachud, accompanied by Justices J.B. Pardiwala and Manoj Misra, presided over this consequential development.
The 2018 decision laid down explicit court directions for establishing “special centers for the examination of vulnerable witnesses” in criminal cases. The objective is to provide an optimal environment for recording statements from vulnerable witnesses.
A prior bench of Justices DY Chandrachud and Surya Kant, in 2021, issued a comprehensive set of directives to facilitate the implementation of the Bandu decision and other related judgments. Significantly, the court acknowledged that the necessity and significance of creating facilities for a secure and barrier-free environment for vulnerable witness testimonies have captured the Supreme Court’s attention for over two decades.
Crucially, the directive included the establishment of a permanent VWDC committee by every High Court. The court emphasized the importance of conducting periodic training programs for the efficient functioning of VWDCs, involving judicial officers, members of the bar, and court staff. Justice Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court, was entrusted with chairing the committee to design and implement a nationwide VDWC training program.
In the latest order, the court extended Justice Mittal’s term, recognizing the ongoing efforts in setting up and monitoring VWDCs. In alignment with the directive, the court instructed the chairperson to furnish a fresh status report by the first week of May 2024, outlining the compliance status of High Courts.
The court acknowledged the lag in implementation by the High Courts of Odisha and Madras concerning the VWDC guidelines based on the 2022 model provided by Justice Mittal. Specifically, the court noted, “The State of Odisha is yet to implement the guidelines insofar as civil cases are concerned. In terms of the expanded definition of vulnerable witnesses, the State of Tamil Nadu has not taken any action at all.”
Consequently, the court granted Justice Mittal the authority to bring this fact to the attention of the Registrars General of the concerned High Courts. This is to ensure that both High Courts take affirmative action on or before April 30, 2024.
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