Kerala High Court Flags Non-Implementation Of Witness Protection Scheme Despite SC Direction, Seeks Urgent Steps
The Kerala High Court on Wednesday (28 October) urged the State government to take urgent steps to implement the Witness Protection Scheme, 2018, across Kerala, noting that the scheme has yet to be implemented in the State despite a specific directive from the Supreme Court.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order while considering a...
The Kerala High Court on Wednesday (28 October) urged the State government to take urgent steps to implement the Witness Protection Scheme, 2018, across Kerala, noting that the scheme has yet to be implemented in the State despite a specific directive from the Supreme Court.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order while considering a public interest litigation seeking appropriate direction for the effective implementation of the Witness Protection Scheme, 2018.
The scheme was approved by the Supreme Court in Mahender Chawla v. Union of India (2019), wherein the apex court directed its implementation across the country and had granted time until 2019 for the purpose.
The court's attention was drawn to communications from the State government and police authorities indicating that the scheme had not yet been formally implemented in Kerala.
According to a letter dated September 19, 2026, issued by the State Public Information Officer and Deputy Secretary of the Home Department, no government order, notification or circular had been issued regarding the 2018 scheme, and the matter remained under consideration.
The court was also informed about a letter dated September 23, 2026, issued by a Deputy Superintendent of Police in response to a Right to Information application. The letter stated that a draft notification titled the Kerala Witness Protection Scheme, 2026, had been prepared and submitted to the State government for issuance. However, the draft had neither been finalised nor notified and remained under the government's consideration.
Taking note of the submissions, the Court observed that the Supreme Court had issued a specific direction to all States to implement the witness protection scheme, but Kerala had not yet implemented it.
“We expect the State to take early urgent steps towards implementation of the Witness Protection Scheme and thus to effect full compliance with the direction of the Hon'ble Supreme Court in full earnest.” Court said.
The Special Government Pleader appearing for the State sought time to file a detailed affidavit outlining the progress made in this regard.
The matter is posted on 18 November for further consideration.
Counsel for Petitioner: Karthika Maria, Navya Seby, Anjalu Elias, Aleena Paul