The Kerala High Court has urged the State Government to take urgent steps to implement the Witness Protection Scheme, 2018, noting that the scheme has not yet been implemented in Kerala despite directions from the Supreme Court.
Background
The petitioner approached the High Court seeking directions to ensure the effective and uniform implementation of the Witness Protection Scheme, 2018, throughout Kerala. The scheme was approved by the Supreme Court in Mahender Chawla v. Union of India, which directed its implementation across the country within the prescribed timeline.
The petitioner relied on official communications indicating that Kerala had not yet finalised the necessary measures.
A letter dated September 19, 2026, from the State Public Information Officer and Deputy Secretary of the Home Department stated that no government order, notification or circular concerning the scheme had been issued and that the matter remained under consideration.
Another communication, dated September 23, 2026, informed the petitioner that a draft Kerala Witness Protection Scheme, 2026, had been submitted to the State Government but had not been finalised or issued.
After hearing the Special Government Pleader appearing for the State, the Bench emphasised the need to comply with the Supreme Court's directions.
The Court observed,
"We note that there is specific direction of the Hon’ble Supreme Court with respect to the implementation of the Witness Protection Scheme by all States and nevertheless, the same has not yet been implemented in the State."
Highlighting the urgency, the Bench further stated,
"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."
The Special Government Pleader sought additional time to file a detailed affidavit explaining the progress made towards implementing the scheme.
The High Court directed that the matter be listed next on November 18, 2026.
Case Details
- Case Title: P.M. Joseph Saju v. Union of India & Others
- Case Number: W.P. (PIL) No. 213 of 2026
- Bench: Chief Justice Soumen Sen and Justice Syam Kumar V.M.
- Decision Date: October 28, 2026
