1. Impleadment of a government ministry to coordinate activities of a court-appointed committee concerning vulnerable witnesses, specifically women and children. (Para 1 , 2 )
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2022 Supreme(SC) 1523
SUPREME COURT OF INDIA
Dr. D.Y. Chandrachud, M. Trivedi, JJ.
Smruti Tukaram Badade – Appellant
Versus
The State of Maharashtra & Anr. – Respondents
Miscellaneous Application No. 1852 of 2019 in Crl.A. No. 1101 of 2019
Decided On : 27-05-2022
Important Points
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.
Subject
Administrative Law - Government Agencies and Responsibilities
Headnote
Ministry of Women and Child Development - Coordination Responsibility - The Ministry of Women and Child Development has been assigned the responsibility of coordinating with the Committee appointed by the Court, specifically concerning vulnerable witnesses who are women and children.
Fact of the Case:
The Ministry of Women and Child Development is directed to coordinate with the Committee appointed by the Court, particularly regarding vulnerable witnesses who are women and children.
Finding of the Court:
The Court found that the Ministry of Women and Child Development should take on the responsibility of coordinating with the Committee and ensure follow-up on the meeting minutes.
Issues: Coordination responsibility with the Committee, follow-up on meeting minutes.
Ratio Decidendi: The Ministry of Women and Child Development is nominated as the coordinating Ministry due to the direct concern for vulnerable witnesses who are women and children.
Final Decision: The Ministry of Women and Child Development is directed to continue coordinating all activities in consultation with the Chairperson of the Committee and ensure follow-up on the meeting minutes.
Legal Category Hierarchy
Advocates appeared:
Ms. Vibha Datta Makhija, Sr. Advocate, (AC) Ms. Jaikriti S. Jadeja, Advocate, Mr. Praveen Gaur, Advocate, Mr. Kashish Aneja, Advocate, Mr. Karan Mamgain, Advocate, Ms. Baani Khanna, Advocate, For the Appellant / Ms. Aishwarya Bhati, ASG, Mr. Gurmeet Singh Makker, Advocate, Ms. Shivika Mehra, Advocate, Mr. Manvendra Singh, Advocate, Mr. Gopal Jha, Advocate, Mr. Sandeep Sudhakar Deshmukh, Advocate, Ms. Deeplaxmi Subhash Matwankar , Advocate, Mr. Arjun Garg, Advocate, Mr. Aakash Nandolia, Advocate, Ms. Sagun Srivastava, Advocate, Mr. Sanjai Kr. Pathak, Advocate, Mr. Arvind Kumar Tripathi, Advocate, Ms. Shashi Pathak, Advocate, Mr. Vivek Gupta, Advocate, Mr. Gautam Narayan, Advocate, Mr. Ashok Mathur, Advocate, Mr. V.N. Raghupathy, Advocate, Mr. R. Neduraman, Advocate, Ms. Radhika Gautam, Advocate, Mr. Yashvardhan, Advocate, Mr. Jagjit Singh Chabbra, Advocate, Ms. Uttara Babbar, Advocate, Mr. Manan Bansal, Advocate, Mr. Sachin Patil, Advocate, Mr. Rahul Chitnis, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shwetal Shepal, Advocate, Mr. Sibo Sankar Mishra, Advocate, For the Respondent.
Ms. Vibha Datta Makhija, Sr. Advocate, (AC) Ms. Jaikriti S. Jadeja, Advocate, Mr. Praveen Gaur, Advocate, Mr. Kashish Aneja, Advocate, Mr. Karan Mamgain, Advocate, Ms. Baani Khanna, Advocate, For the Appellant / Ms. Aishwarya Bhati, ASG, Mr. Gurmeet Singh Makker, Advocate, Ms. Shivika Mehra, Advocate, Mr. Manvendra Singh, Advocate, Mr. Gopal Jha, Advocate, Mr. Sandeep Sudhakar Deshmukh, Advocate, Ms. Deeplaxmi Subhash Matwankar , Advocate, Mr. Arjun Garg, Advocate, Mr. Aakash Nandolia, Advocate, Ms. Sagun Srivastava, Advocate, Mr. Sanjai Kr. Pathak, Advocate, Mr. Arvind Kumar Tripathi, Advocate, Ms. Shashi Pathak, Advocate, Mr. Vivek Gupta, Advocate, Mr. Gautam Narayan, Advocate, Mr. Ashok Mathur, Advocate, Mr. V.N. Raghupathy, Advocate, Mr. R. Neduraman, Advocate, Ms. Radhika Gautam, Advocate, Mr. Yashvardhan, Advocate, Mr. Jagjit Singh Chabbra, Advocate, Ms. Uttara Babbar, Advocate, Mr. Manan Bansal, Advocate, Mr. Sachin Patil, Advocate, Mr. Rahul Chitnis, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shwetal Shepal, Advocate, Mr. Sibo Sankar Mishra, Advocate, For the Respondent.
Table of Contents
2. A government ministry is nominated for coordination because the plight of women and children as vulnerable witnesses directly concerns its mandate. (Para 2 )
3. Coordination of committee activities regarding vulnerable witnesses should be assigned to the ministry whose mandate aligns with the plight of the affected group. (Para 2 )
4. Government ministry impleaded and directed to coordinate committee activities, with the Additional Solicitor General ensuring facilitative assistance and follow-up. (Para 1 , 2 , 3 , 4 )
5. Which authority is responsible for coordinating activities regarding vulnerable witnesses in the context of the court-appointed committee?
The Ministry of Women and Child Development is tasked with coordination because the issue of vulnerable witnesses directly concerns the plight of women and children. (Para 2 )
6. What is the role of the Additional Solicitor General in the coordination of the committee's activities?
The Additional Solicitor General is responsible for ensuring facilitative assistance from the Department of Justice and following up on the communication of committee meeting minutes. (Para 2 , 3 )
ORDER
1. The Ministry of Women and Child Development, Government of India, shall stand impleaded.
2. The judgment of this Court casts the responsibility of coordinating with Ms Justice Gita Mittal, Chairperson of the Committee appointed by this Court, on the Ministry of Women and Child Development. The Ministry of Women and Child Development has been nominated as a coordinating Ministry having due regard to the fact that the issue pertaining to vulnerable witnesses directly concerns the plight of women and children who are in the position of vulnerable witnesses. Hence, the Ministry of Women and Child Development shall continue to coordinate all activities in consultation with the Chairperson of the Committee appointed by this Court. If any coordination with the Department of Justice is required, the Additional Solicitor General shall ensure that facilitative assistance in that regard is made available to the Ministry of Women and Child Development.
3. The Minutes of the meeting of the Committee dated 28 March 2022 have been forwarded to the Secretary, Ministry of Women and Child Development, on 20 April 2022 by the Coordinator of the Committee. Ms. Aishwarya Bhati, Additional Solicitor General shall ensure due follow up in that regard.
4. The office report is disposed of.
