The Madhya Pradesh High Court has issued instructions to the Director General of Police (DGP) and Director of Prosecution to seriously contemplate the establishment of WhatsApp groups for individual criminal cases. This initiative aims to ensure the presence of witnesses in front of trial courts for such cases.

In a recent order issued by Justice Anand Pathak last week, the DGP and Director of Prosecution were directed to organize a workshop focused on this matter. The workshop's purpose is to seek expert input and suggestions regarding the establishment of these WhatsApp groups for criminal cases.

The Court's order firmly expresses the belief that the Director General of Police and Director of Prosecution should actively consider organizing a workshop and seeking input from police officers and other experts. The primary objective of this initiative is to explore the possibility of implementing WhatsApp Groups for two key purposes: summoning witnesses and ensuring witness protection.

The Court issued this order, reiterating recommendations it had previously made in September of the previous year.

In its order from the previous year, the Court had advised that each police station should contemplate establishing a WhatsApp group comprising the complainant, key prosecution witnesses, the Public Prosecutor, and relevant officials as members. This measure was proposed to expedite the trial process.

The purpose of forming these WhatsApp groups is to establish a system that provides witnesses with advance notice of their court appearance dates. As per the Court's suggestion, in addition to the traditional method of serving summons in person, court clerks or court munshis could also post the summons on the WhatsApp group to ensure timely notification to the witnesses.

The Court has reaffirmed its previous recommendation and continues to support the idea of implementing WhatsApp groups for the purpose of notifying witnesses about their court appearance dates in advance.

In its order dated September 21, the Court expressed its hope that the concerned officers had already considered the idea presented by the Court regarding the creation of WhatsApp groups.

Furthermore, the Court expanded on its previous recommendations by suggesting that when these WhatsApp groups are established, they can be formally referenced in an order issued by the trial court.

The Court also pointed out that once the trial concludes, these WhatsApp groups can be deleted, indicating a practical and temporary nature for their use in the legal process.

The Court, in its latest order, emphasized the importance of preserving the privacy, dignity, and decency of the members within the WhatsApp Group. The purpose of the group should be limited to facilitating the trial and not be used for any other purposes.

The Court issued these directives during a hearing concerning a murder case from 2018. The trial for this case has been experiencing delays primarily because witnesses have not been appearing as required.

The High Court made these findings, and almost four and half years have passed since then, but the trial is not being completed. Incidentally, all the eye-witnesses have been examined but other formal and departmental witnesses are yet to be examined and that is causing delay in the trial.

In response to the situation, the High Court instructed the trial court to proactively schedule the case for weekly hearings and to address any strategies employed by the defense counsel to seek adjournments seriously.

Justice Pathak noted that the absence of witnesses before trial courts can significantly weaken the prosecution's case. The Court also acknowledged that there are instances where witnesses do not receive their summons, and the police may not always prioritize this aspect as a top priority.

In light of these concerns, the Court reiterated its previous recommendations regarding the formation of WhatsApp groups for trial court cases. The Court has scheduled a follow-up hearing on compliance with these directives for November.

Case: Vijendra Singh Sikarwar V. The State Of Madhya Pradesh, Misc. Criminal Case No. 24900 of 2023.