SMRUTI TUKARAM BADADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The need for and importance of setting up facilities which cater to the need for creating a safe and barrier free environment for recording the evidence of vulnerable witnesses has engaged the attention of this Court over two decades. In Sakshi v. Union of India (2004) 5 SCC 518 , this Court issued directions in addition to those which were contained in the decision in State of Punjab v. Gurmit Singh (1996) 2 SCC 384 . The relevant extract from the decision in Sakshi (supra) reads thus:

(2.) More recently, in State of Maharashtra v. Bandu @ Daulat (2018) 11 SCC 163 , directions were issued by this Court for setting up "special centres for examination of vulnerable witnesses" in criminal cases so as to facilitate a conducive environment for recording the statements of vulnerable witnesses. This Court dwelt on the guidelines which have been issued by the High Court of Delhi for recording the evidence of vulnerable witnesses in criminal matters and noted that special centres have been set up in Delhi for that purpose. While observing that the direction of the High Court of Delhi for setting up special centres for vulnerable witnesses is consistent with the earlier decisions of this Court and supplement the principles which have been laid down, this Court issued the following directions:

(3.) The fairness of the process of trial as well as the pursuit of substantive justice are determined in a significant measure by the manner in which statements of vulnerable witnesses are recorded. The dignity of person, which is an intrinsic element of Article 21 of the Constitution, cannot be left to the vagaries of insensitive procedures and a hostile environment. Access to justice mandates that positive steps have to be adopted to create a barrier free environment. These barriers are not only those which exist within the physical spaces of conventional courts but those which operate on the minds and personality of vulnerable witnesses. There is a pressing need to facilitate the salutary purpose underlying the creation of a barrier free environment where depositions can be recorded freely without constraining limitations, both physical and emotional. This requires not just the creation of infrastructure but sensitizing all stakeholders.