Title: Radhe @ Radheshyam Singh Tomar v. The State Of Madhya Pradesh
Citation: MCRC No. 39865 of 2023
Decided on: 30.10.2023
Coram: Justice Anand Pathak
Introduction:
As part of a significant initiative, the Madhya Pradesh High Court has recently emphasized that the establishment of ‘SANDES’ groups, aimed at safeguarding victim/prosecution witnesses, is both crucial and necessary. Justice Anand Pathak has instructed the Deputy Advocate General to liaise with the National & State Informatic Centers to integrate the ‘SANDES’ App with the Inter Operable Criminal Justice System (ICJS). This proposal was made to establish ‘SANDES’ groups with the aim of facilitating effective communication between the police and prosecution witnesses throughout the course of a criminal trial, particularly in cases involving serious offenses. The goal is to ensure a prompt and efficient trial process.
Facts of the case:
The applicant is accused of intimidating the complainant and witness, Omprakash Sikarwar. In this case, the Court had issued specific instructions to the Police and State Informatics Center (SIC) to collaborate and synchronize the Inter Operable Criminal Justice System (ICJS) with the “SANDES APP,” developed by the Government of India/NIC for inter-departmental communication. By connecting ICJS and the SANDES APP, the Police Authorities will be able to establish SANDES GROUPS, particularly for cases involving serious offenses. These groups will include the Station House Officer, Investigating Officer, Public Prosecutor, Court Clerk, and other crucial prosecution witnesses, eyewitnesses, as well as the complainant or victim, all identified by their respective crime numbers.
Court’s observation and analysis:
The Madhya Pradesh High Court expressed the view that establishing ‘SANDES’ groups, designed to safeguard victim and prosecution witnesses, is a critical and timely necessity. The primary objective is to establish connectivity and communication between the complainant or victim, the Investigating Officer, Public Prosecutor, and other relevant parties. This mechanism aims to promptly reduce intimidation and threats against prosecution witnesses regarding their evidence, while also proactively ensuring witness protection. Spirit of order passed by the Apex Court in the case of Mahendra Chawla and others Vs. Union of India and others reported in 2018 SCC Online SC 2678 would also be ensured.
As a result, the Court instructed the Deputy Advocate General representing the State to contact the National Informatics Center (NIC) and State Informatics Center (SIC) for guidance on integrating the “SANDES APP” with the Inter Operable Criminal Justice System (ICJS). This integration would be beneficial for both the police and prosecution witnesses, facilitating communication throughout the trial process, especially in cases where a “SANDES GROUP” is created by the Police Authorities, as in the current scenario. This integration would make it an integral part of ICJS and eventually connect it with the Criminal Court Tracking Network (C.C.T.N.) and other related systems.
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Written by- Amrita Rout
