The Supreme Court has issued a directive mandating the establishment of Vulnerable Witnesses Deposition Centres (VWDCs) in all districts across the country. The directive, emanating from a Miscellaneous Application, underscores the Court's commitment to creating a conducive environment for recording statements of vulnerable witnesses in criminal cases.

The bench, comprising Chief Justice of India DY Chandrachud, Justices J.B. Pardiwala, and Manoj Misra, took cognizance of the need for VWDCs, building upon the 2018 decision in the State of Maharashtra v Bandu @ Daulat. In this earlier case, the Supreme Court had issued specific directions for the setup of "special centers for examination of vulnerable witnesses," aimed at providing a safe space for the recording of statements.

To facilitate the implementation of these directives, the bench of Justices DY Chandrachud and Surya Kant had issued detailed directions in 2021. These included the establishment of a permanent VWDC committee in every High Court, periodic training programs, and sensitization efforts for all stakeholders, such as judicial officers, members of the bar, and court staff.

Recognizing the critical importance of these measures, the Court appointed Justice Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court, to chair the committee responsible for designing and implementing an all-India VWDC training program.

In the latest order, the Court extended the term of Justice Mittal, acknowledging the ongoing efforts in setting up and monitoring VWDCs. Additionally, the Court instructed Justice Mittal to prepare a fresh status report by the first week of May 2024, providing an updated assessment of compliance by High Courts.

Highlighting areas of concern, the Court noted that the High Courts of Odisha and Madras have yet to implement the VWDC guidelines, as per the 2022 model circulated by Justice Mittal. Specifically, the State of Odisha has not implemented the guidelines for civil cases, while the State of Tamil Nadu has taken no action regarding the expanded definition of vulnerable witnesses.

In response, the Court permitted Justice Gita Mittal to bring these facts to the attention of the Registrars General of the concerned High Courts, urging them to take necessary steps positively on or before April 30, 2024.

Case: Smruti Tukaram Badade vs. The State of Maharashtra and Ors,

Miscellaneous Application No.1852/2019 In Crl.A. No.1101/2019.

Click to Read/Download order.