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Mahender Chawla Petitioner(S) v. Union Of India Ministry Of Home Affairs Secretary (S).
Factual and Procedural Background
The Ministry of Home Affairs (MHA) has prepared a draft “Witness Protection Scheme 2018.” Copies of this draft were circulated to all State Governments and Union Territory Administrations on 22 March 2018 with a request for comments by 9 April 2018. A reminder dated 11 April 2018 extended the deadline to 31 May 2018. During the present proceedings, the Supreme Court was informed of these developments, and a copy of the draft scheme was handed over in court.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Court treated the matter as one of oversight and facilitation rather than substantive adjudication. It noted the steps already taken by the MHA to circulate the draft scheme and set deadlines. Finding these steps appropriate, the Court:
- Expected all States and Union Territories to submit their comments to the MHA by 31 May 2018.
- Directed the MHA to finalize the Witness Protection Scheme 2018 after receiving the comments.
- Granted liberty to the learned amicus curiae to submit additional suggestions.
- Scheduled the matter for further hearing in the second week of August 2018 to monitor compliance.
Holding and Implications
ORDER: State Governments and Union Territories must furnish their comments on the draft Witness Protection Scheme 2018 to the Ministry of Home Affairs by 31 May 2018; the MHA shall finalize the scheme before the next hearing, which is fixed for the second week of August 2018. The amicus curiae may also submit suggestions.
Implications: The order expedites the creation of a national Witness Protection Scheme by setting clear deadlines and court supervision. It has an immediate administrative impact but sets no new legal precedent.
1. We are informed that the Ministry of Home Affairs has prepared a draft Witness Protection Scheme 2018. A copy of the said draft scheme is handed over to us in the court today. Vide letter dated 22 March, 2018, a copy of the said scheme is also provided to all the State Governments and the Union Territories Administration requesting them to furnish their comments by 9 April, 2018. Thereafter, again by reminder dated 11 April, 2018 all the State Governments and Union Territories were asked to furnish their comments by 31 May, 2018.
2. We expect all the State Governments as well as the Union Territories to furnish their comments by the aforesaid stipulated date of 31 May, 2018 to the Ministry of Home Affairs. After receiving the comments/suggestions the draft Witness Protection Scheme 2018 shall be finalized by the Government, Ministry of Home Affairs before the next date.
3. List the matter in the second week of August, 2018.
4. Learned amicus curia is also at liberty to furnish his suggestions.
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