Accused must be rendered powerless to harass witnesses: HC
Times of India | 3 December 2024
Kolkata: Accused persons must be stripped of their power to such an extent that they do not disturb the witness, Justice Tirthankar Ghosh said while hearing a matter concerning the family of a minor girl, who was allegedly kidnapped and forced into marriage, being threatened. "One thing I am very much bothered about is this witness protection scheme, which the Bengal govt is not bringing. Multiplication of cases will not serve the purpose. By doing a case, can you give protection to a witness?" Justice Ghosh said.
The petitioner, the mother of the minor girl, approached the Calcutta High Court stating that after the filing of an FIR, the accused forcefully entered their house and allegedly threatened them. However, since the incident occurred in Nov 2023 and the petitioner approached on threat perception after a one-year lapse, Justice Ghosh directed them to approach the jurisdictional court, and the magistrate will pass the necessary decision to the appropriate authorities under the Witness Protection Scheme 2018, after analysing the threat perception.
According to the advocate for the petitioner, Dyutiman Banerjee, the Witness Protection Scheme 2018 has not been adopted by the state yet.
The aim of having such a scheme was to "ensure that the investigation, prosecution, and trial of criminal offences are not prejudiced because witnesses are intimidated or frightened to give evidence without protection from violent or other criminal recrimination."
Kolkata: Accused persons must be stripped of their power to such an extent that they do not disturb the witness, Justice Tirthankar Ghosh said while hearing a matter concerning the family of a minor girl, who was allegedly kidnapped and forced into marriage, being threatened. "One thing I am very much bothered about is this witness protection scheme, which the Bengal govt is not bringing. Multiplication of cases will not serve the purpose. By doing a case, can you give protection to a witness?" Justice Ghosh said.
The petitioner, the mother of the minor girl, approached the Calcutta High Court stating that after the filing of an FIR, the accused forcefully entered their house and allegedly threatened them. However, since the incident occurred in Nov 2023 and the petitioner approached on threat perception after a one-year lapse, Justice Ghosh directed them to approach the jurisdictional court, and the magistrate will pass the necessary decision to the appropriate authorities under the Witness Protection Scheme 2018, after analysing the threat perception.
According to the advocate for the petitioner, Dyutiman Banerjee, the Witness Protection Scheme 2018 has not been adopted by the state yet.
The aim of having such a scheme was to "ensure that the investigation, prosecution, and trial of criminal offences are not prejudiced because witnesses are intimidated or frightened to give evidence without protection from violent or other criminal recrimination."