Witness protection scheme: Kerala High Court seeks State government’s response to PIL

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The Kerala High Court has sought the Keralam government’s response to a public interest litigation (PIL) pointing out that even though the witness protection scheme was formulated in 2018, it was yet to be implemented in the State.

The Division Bench of Chief Justice Soumen Sen and Justice V.M. Syam Kumar noted that the State was “lagging” in the implementation of the scheme and stated its expectation that the State would urgently finalise its implementation.

The PIL filed by P.M. Joseph Saju, a retired Superintendent of Police, pointed out that the scheme was approved by the Supreme Court in 2019, and that the apex court had ordered its implementation across the country. The Scheme provides for threat assessment, protection measures, constitution of competent authorities and witness protection cells, periodic review, and a witness protection fund.

The petitioner had filed representations before the State Police Chief (SPC), Home department, and the Kerala State Legal Services Authority (KeLSA). The SPC had informed the petitioner that a draft notification titled ‘Kerala Witness Protection Scheme 2026’ had been prepared and handed over to the State government to be issued, but it remained under consideration. The response also referred to a standard operating procedure concerning witness attendance, examination, statements, and summons.

The Home department replied to the petitioner’s queries that no order or circular was issued by the State regarding the scheme, and that the matter was under consideration. KeLSA had also responded similarly and stated that several enquiries put forward by the petitioner had been transferred to the Public Information Officer. 

The petitioner further pointed out specific instances in cases such as Attapady Madhu murder, criminal proceedings against former Bishop Franco Mulakkal, and the Nenmara double murder, where witness protection was either granted or required.

The State is expected to file a detailed affidavit by November 18, 2026.

Published - October 30, 2026 07:00 am IST