Lok Sabha Question No. 2691 (UNSTARRED), answered on 2021-12-14
Subject: Witness Protection Scheme
Ministry: HOME AFFAIRS
Asked by: S. Jothimani

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 2691

TO BE ANSWERED ON THE 14 th  DECEMBER, 2021/AGRAHAYANA 23,1943 (SAKA)

WITNESS PROTECTION SCHEME

2691.  MS. S. JOTHIMANI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether the Government has complied with the orders of the Supreme Court to  provide  financial  support  to  the  States  to  establish  Vulnerable  Witness Deposition Complexes in the State;
- (b) if so, details thereof including the budgetary allocations and funds released, and if not, the reasons therefor;
- (c)  whether  the  Government  has  tracked  implementation  of  the  Witness Protection Scheme 2018 across States; and
- (d)  if  so,  details  thereof,  including  funds  allocated  and  released  under  the scheme and the list of implementing States, and if not, the reasons therefor?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

(a)  &  (b):  The  primary  responsibility  of  development  of  Infrastructure  facilities rests  with  the  State  Governments.  To  augment  the  resources  of  the  State Governments,  the Union Government  has  been  implementing a Centrally Sponsored  Scheme  for  Development  of  Infrastructure  Facilities  in  district  and subordinate courts by providing financial assistance to State Governments / UTs in the prescribed fund sharing pattern.

## LS.US.Q.NO. 2691 FOR 14.12.2021

The  Scheme  is  being implemented  since 1993-94. Till date the Central Government  has  sanctioned Rs. 8709.77 crore under the Scheme to States/UTs. The  Government  has  extended  the  above  scheme  for  a  further  period  of  five years from 01.04.2021 to 31.03.2026, with a total budgetary outlay of Rs.9000 crores, including Central share of Rs.5307 crores.

(c) & (d): The Hon'ble Supreme Court of India in its Judgment dated 05.12.2018 in Writ Petition (Criminal) No. 156 of 2016 has endorsed the Witness Protection Scheme, 2018.

'Police' and 'Public Order' are State subjects under the Seventh Schedule to the Constitution of India and the States/UTs are responsible for implementation of the Scheme.

The  Scheme  provides  for  a  State  Witness  Protection  Fund  for  meeting  the expenses of the scheme. This fund shall be operated by the Department of Home under State/UT Government and shall comprise of the following:

- i. Budgetary allocation made in the Annual Budget by the State Government;
- ii. Receipt  of  amount  of  costs  imposed/  ordered  to  be  deposited  by  the courts/tribunals in the Witness Protection Fund;
- iii. Donations/ contributions from Philanthropist/ Charitable Institutions/ Organizations and individuals permitted by the Government.

## LS.US.Q.NO. 2691 FOR 14.12.2021

iv. Funds contributed under Corporate Social Responsibility.

The Ministry of Home  Affairs has requested the State Governments/UT Administration  vide  its  letter  dated  14.01.2019  to  implement  the  Witness Protection Scheme  as  per the direction of the Hon'ble Supreme  Court. Subsequently,  Ministry  of  Home  Affairs  from  time  to  time  has  written  to States/UTs for the implementation of the 'Witness Protection Scheme, 2018'.

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