Witnesses in cases against MPs, MLAs "vulnerable": Karnataka High Court bats for implementation of witness protection scheme

There is a very high possibility of prosecution witnesses becoming vulnerable in cases against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs), the Karnataka High Court observed on Tuesday underscoring the necessity to implement Witness Protection Scheme, 2018 in such cases which are tried before special courts. .Towards this end, a Division Bench consisting of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty, ordered setting up of the State Witness Protection Fund within two weeks so that the Witness Protection Scheme can be effectively implemented. ."There cannot be any dispute that in any cases pending before the Special Court where prominent political personalities are accused, there is every possibility that some of the prosecution witnesses, will become vulnerable witnesses. We are, therefore, of the view that, it is all the more necessary to implement the witness protection scheme, 2018 in relation to the prosecution witnesses in the cases before the special court," the judgment said. .We are, therefore, of the view that, it is all the more necessary to implement the witness protection scheme, 2018 in relation to the prosecution witnesses in the cases before the special court.the High Court.The Court was dealing with a suo motu case on expeditious disposal of cases against MPs and MLAs. .The Court had recently directed the registration of a suo motu petition, in view of the directions issued by the Supreme Court urging Chief Justices of High Courts to formulate an action plan to expeditiously deal with pending cases against legislators..Besides direction to setting up the Witness Protection Fund, the Bench also urged the State to invite the attention of all investigating officers (IOs) to the provisions of the 2018 scheme and direct them to take all possible steps for its implementation. .It is the responsibility of the IO to assess whether a prosecution witness can become vulnerable to threats or not, the court opined. Each IO should apply mind to each case and wherever necessary, he/she shall file a witness protection scheme application for the respective witness, it added. .Further, the court also ordered that the judge presiding over the special court in cases against law makers will have to apply his/her mind to assess whether any person needs witness protection, even if no application is made. .On the point of appointment of public prosecutors (PP) in matters against MPs and MLAs, the Court remarked that the state's memo was silent on the same. The Court, therefore, said that it is the duty of the State to ensure that a very competent PP, who is capable of handling the nature of prosecution in cases against MLAs and MPs, is appointed..Expeditious disposal of cases against MPs, MLAs: Karnataka HC asks State on availability of public prosecutors in Special Court.As the hearing drew a close, the Court also directed the State government to ensure that the proposal for setting up a second special court to deal with pending cases against legislators is approved at the earliest..The matter will be heard next on December 18.