The Hindu : High Court directive in Katara case

Online edition of India's National Newspaper
Tuesday, Apr 08, 2003

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High Court directive in Katara case

By Our Staff Reporter

NEW DELHI APRIL. 7. The Delhi High Court today sought the opinion of the Union Government, the accused in the Nitish Katara murder case and Neelam Katara, mother of Nitish Katara, on what the High Court could do to give effect to recommendations of the Law Commission on providing protection to prosecution witnesses.

Neelam Katara through a petition has sought High Court direction to the Delhi police to provide protection to prosecution witnesses in the present case because she has an apprehension that they are under tremendous pressure.

Adjourning the hearing on the petition till May 1, a Division Bench of the Court comprising Justice Dalveer Bhandari and Justice S.K. Aggarwal asked the three to file their suggestions to the court by the next date of hearing.

The recommendations of the Law Commission are lying with the Union Law Ministry for 2002. Meanwhile, the Government has referred the recommendations to the Malimat Committee asking it to guide on how to implement the recommendations.

Arguing for Vikas Yadav, main accused in the case and son of the Rajya Sabha Member, D.P. Yadav, K.N. Balagopal, submitted that it was beyond the jurisdiction of the court to issue directions for implementation of the recommendations.

He submitted since the Law Commission is neither a Constitutional body nor a statutory one, its recommendations have no legal authority. He further submitted that the work of providing protection to prosecution witnesses was not only concerned with providing physical protection but it also meant providing economic support to then which would require huge money which a poor country like ours would not be able to arrange.

Referring to arrangements for providing protection to prosecution witnesses in certain countries, Mr. Balagopal said that the witnesses there were provided employment as well as accommodations to keep them free from any undue pressure. Counsel for the petitioner, Anil Nigam, submitted that the prosecution witnesses in the Nitish Katara murder case must be given protection.

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