Right to testify in courts

Right to testify in courts

Mahendra Chawla
vs
Union of India 2018

Bench: Justice A.K. Sikri and Justice S. Abdul Nazeer

Held:
The bench ruled that:

1. The right to testify in courts in a free and fair manner without any pressure and threat whatsoever is under serious attack today. If one is unable to testify in courts due to threats or other pressures, then it is a clear violation of Article 21 of the Constitution. The right to life guaranteed to the people of this country also includes in its fold the right to live in a society, which is free from crime and fear and right of witnesses to testify in courts without fear or pressure.
2. The considerations that have influenced this Court to have a holistic witness protection regime should be considered as a law under Article 141 and Article 142 of the Constitution until an adequate law is framed.
3. SC approved Witness Protection Scheme which was prepared by the inputs from 18 States and Union Territories, various open sources inviting suggestions from police personnel, judges and civil society members which was ultimately finalized by the National Legal Services Authority (NALSA).