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D. Y. CHANDRACHUD, ANIRUDDHA BOSE
Smruti Tukaram Badade – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. Two reports have been submitted before this Court by Hon'ble Ms Justice Gita Mitta, former Chief Justice of the High Court of Jammu and Kashmir dated 14 March 2022. The Court has had the occasion to hear the submissions of Ms Vibha Datta Makhija, amicus curiae and Ms Aditi Choudhary, Registrar (Vigilance) of the High Court of Delhi who is coordinating the work of the Committee chaired by Justice Gita Mittal.
2. On 11 March 2022, comprehensive Model Guidelines for Vulnerable Witnesses Deposition Centres[1] have been circulated to all the Chief Justices of the High Courts. We would request the High Courts to respond to the Guidelines on or before 20 May 2022 so that the suggestions which are forthcoming may be factored in by the Chairperson of the Committee before finalizing the Guidelines. Once the suggestions of the High courts are duly factored in, the Guidelines can provide a uniform national model for implementation.
[1] "VWDC
3. The use of VWDCs should, in addition to criminal cases, be allowed for other jurisdictions, including, civil jurisdictions, family courts, juvenile justice boards and Childrens' courts. Permission should be granted for recording the evidence of vul
The court emphasized the importance of establishing VWDCs and creating comprehensive guidelines for the recording of evidence of vulnerable witnesses in various jurisdictions.
The main legal point established in the judgment is the importance of creating a safe and barrier-free environment for recording the evidence of vulnerable witnesses and issuing directions for the ad....
The court upheld the use of video-conferencing for vulnerable witnesses, emphasizing that it does not infringe on the accused's right to a fair trial while addressing the unique challenges faced by f....
The Ministry of Women and Child Development has the responsibility to coordinate with the Committee appointed by the Court, specifically concerning vulnerable witnesses who are women and children.
The court affirmed that video conferencing for witness testimony must comply with both High Court rules and mutual legal assistance guidelines, ensuring the witness's identity is verified.
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