SMRUTI TUKARAM BADADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Two reports have been submitted before this Court by Honble Ms Justice Gita Mitta, former Chief Justice of the High Court of Jammu and Kashmir dtd. 14/3/2022. 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 11/3/2022, comprehensive Model Guidelines for Vulnerable Witnesses Deposition Centres [VWDC] 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 20/5/2022 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.

(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 vulnerable witnesses in cases across all jurisdictions. This suggestion in the report is appropriate and is accepted.