Pradeep Nandrajog, J. - (1.) THE unfortunate mother, Mrs. Neelam Katara filed the present petition pertaining to the tragic homicidal death of her son, Nitish who had gone to attend the marriage of his friend at Diamond Palace, Industrial Area, New Kavi Nagar, Ghaziabad U.P. On the night intervening 16/17th February, 2002. Respondent No. 6, the son of a sitting Member of the Rajaya Sabha came to be a suspect in the homicidal death of Nitish Katra. The petitioner sought various reliefs. From time to time various directions and orders were passed in the present petition resulting in the petition, as far as the petition was concerned as having become infructous. However, one aspect of the matter of general public importance survives and counsel for the parties stated that in public interest certain directions pertaining to witness protection need to be issued. The edifice of administration of justice is based upon witness coming forward and deposing without fear or favour, without intimidation or allurement in Courts of Law. If witnesses are deposing under fear or intimidation or for favour or allurement, the foundation of administration of justice not only gets weakened, but in cases it may even gets obliterated. The dockets in Courts today are overflowing to the brim and especially in criminal delivery system no shorthand essay is possible; the accused must get a fair, proper and just hearing in the adversarial system of Administration of Justice which we have adopted. Delay results. This leads to the possibility of the witness being harassed or intimidated at the hands of the accused or his accomplices.
(2.) HAS the time ripened to provide for safeguards for the witnesses that they come forwards and depose without fear, without intimidation, without favour or allurement of the accused? Has prevention of accused person from suborning witnesses and turning them hostile to the case of the prosecution become an urgent necessity? Counsel for the petitioner Shri Arvind Nigam contended that there are a large number of reports and in particular the report of the Vohra Committee which have come to a finding that criminalisation has struck at the very foundation of the Indian polity and there is urgent need to deal with this criminalisation on a war footing to prevent the polity from further degenerating. Counsel commended us to take judicial notice that case after case of the prosecution was collapsing, owing to the material witnesses turning hostile to the case of the prosecution. Why was this happening in case after case questioned the counsel? He volunteered the answer himself "fear of the accused person".
(3.) COUNSEL for the petitioner drew our attention to the various Reports of the Law Commission of India and in particular the 154th and 178th Reports which dealt with the menace of prosecution witnesses turning hostile.;