
Disclosing the identity of any witness who has been extended police protection would now attract an imprisonment of three years or a fine of Rs 5,000. The Maharashtra government on Thursday tabled a new bill in the state Legislative Assembly for witness and whistleblower protection. A division bench of the Bombay High Court comprising Justices Abhay Oka and Girish Kulkarni had last year rapped the state’s policy for witness protection, claiming it was deficient in many ways. The court had directed the government to formulate a revised policy.
The HC had observed that the state’s prevalent policy had no provision to provide interim police protection, and contemplated an application to be made by the investigation officer or the witness to a committee to decide on it.
The new legislation provides for suo motu protection of witnesses in serious criminal offences. It also formulates setting up of witness protection committees at the district, metropolitan and the state level. “Giving protection to a witness even at the stage of investigation is of vital importance so that witnesses feel secure when they actually come before the court for recording evidence,” the judges had earlier observed. Stringent penalties, including imprisonment, have been proposed for policemen or anyone found disclosing the identity of a witness or a whistleblower.