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New law to save whistle-blowers, witnesses on the anvil: Maharashtra government to Bombay High Court

Whistle-blowers and witnesses in sensitive cases may expect better protection as the Maharashtra government is set to come up with a new law soon. The state informed this to the Bombay high court on Tuesday.

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Satish Shetty was killed in Jan 2010
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Whistle-blowers and witnesses in sensitive cases may expect better protection as the Maharashtra government is set to come up with a new law soon. The state informed this to the Bombay high court on Tuesday.

The state's response came during the hearing of suo moto petition, initiated by the court itself after the murder of activist Satish Shetty, an RTI activist from Pune, in January 2010.

In October 2014, the HC had asked the government to frame a fresh policy on the protection to people exposing scams and various crimes and witnesses in sensitive cases.

The government informed a division bench of Justice Abhay Oka and Anil Menon that it was likely to come up with an enactment instead of a policy. The state also submitted a copy of the proposed enactment to the court. The HC asked the government to file an affidavit stating the same within a week.

While ordering the Maharashtra government to frame a fresh policy, the HC had in last October directed it to provide immediate protection to whistle-blowers and witnesses even at the stage of investigation, on a written or an oral request made by them to the investigating officer.

The HC had picked loopholes in existing policy, observing that the term 'witness' should include not only those who are going to depose in court but also those who possess information and documents related to any crime.

The court had noted that the new policy should have a provision for wider protection measures to include the family members of witnesses.

Courts often come across cases where witnesses refuse to co-operate with investigating officers while recording their statements due to threat perception or after considering the antecedents of the accused, which adversely affects the investigation itself.

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