https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

SC Raps Allahabad High Court Over Witness Protection Misuse, Says Bail Cancellation Principles Cannot Be Ignored

Supreme Court criticises Allahabad HC for copy-paste orders treating witness protection as bail substitute, orders corrective steps.
Delhi HC enquiry against judicial officers
Indian Masterminds Stories

New Delhi: The Supreme Court has strongly criticised the Allahabad High Court for routinely passing template orders that treat the Witness Protection Scheme, 2018 as a substitute for bail cancellation. The apex court warned that such practices undermine established legal principles and dilute judicial authority.

A bench of Justices J B Pardiwala and Sandeep Mehta expressed concern over the repetitive nature of orders issued by the High Court. It noted that at least 40 such orders were passed in the past year alone, many of them verbatim copies, continuing a trend observed for more than two years.

Bench Rejects ‘Template’ Approach

According to the Supreme Court, the High Court wrongly viewed the scheme as an alternative remedy. “We are at pains to note that we came across at least 40 recent orders … as per the records available from the official website of the Allahabad High Court,” the bench remarked.

The judges said public prosecutors also failed in their duty by advising complainants to seek protection under the 2018 scheme, rather than pressing for cancellation of bail, even in cases where accused persons allegedly threatened or intimidated witnesses.

Case That Triggered SC’s Intervention

The case before the Court was filed by Phireram, who had sought cancellation of bail for accused persons in a murder case, alleging threats to his life. The Allahabad High Court dismissed his plea and instead directed him to seek protection under the Witness Protection Scheme.

The Supreme Court set aside that order, terming it “very curious,” and sent the matter back to the High Court for hearing on its merits. It held that bail cancellation must be decided by applying settled principles, not by diverting complainants to the protection scheme.

Also Read: Supreme Court Rebukes Allahabad HC Over 43 Bail Adjournments, Emphasises Urgency in Liberty Case

Witness Protection vs Bail Cancellation

The bench clarified that the Witness Protection Scheme was never intended to replace provisions of the Code of Criminal Procedure or the Bharatiya Nagarik Suraksha Sanhita, 2023 in bail matters. While the scheme ensures security for threatened witnesses, bail cancellation is preventive, ensuring that accused persons do not misuse liberty to obstruct justice.

The judges explained that bail comes with serious obligations under Sections 437(3) and 439(2) CrPC. Substituting these with a protective mechanism, they said, makes bail conditions meaningless. The scheme, they added, applies to grave offences like those punishable with death, life imprisonment, or imprisonment of seven years or more, but cannot be used as a universal solution in all cases.

SC Orders Corrective Steps

The Court stressed that both bail cancellation and witness protection serve distinct but complementary purposes to ensure fair trials. The bench directed circulation of its ruling to all High Courts, and specifically to the Chief Justice of the Allahabad High Court, to ensure corrective measures.

Also Read: Supreme Court Urges Fast-Track NIA Courts to Prevent Criminals Exploiting Trial Delays to Secure a Bail


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
Brajesh Mishra IPS
Who is IPS Brajesh Mishra? Sultanpur SSP to Address Global Buddhist Scholars at Sanchi University Silver Jubilee
Surendra Lamba ips
 IPS Surendra Lamba Appointed New SSP of Tarn Taran After Suspension of Dr. Ravjot Kaur Grewal
Chhatrapati Shivaji Maharaj Museum Agra
Jaunpur Tops Uttar Pradesh in CM Yogi’s Youth Entrepreneurship Scheme, Achieves 100% Loan Distribution Target
Gujarat semiconductor smart city Dholera
Gujarat Emerges as India’s Semiconductor and Smart City Hub with ₹91,000 Crore Tata Electronics Investment
Vishnu Deo Sai CM
Chhattisgarh CM Vishnu Deo Sai Approves Rs 13.69 Crore for Four Key Bridges in Jashpur to Boost Rural Connectivity
Nitish Kumar CM
Bihar CM Nitish Kumar Thanks Public for Record Turnout in First Phase, Urges Same Enthusiasm for Second Phase
ntpc 51st Raising Day
NTPC Unchahar Celebrates 51st Raising Day with Green Initiatives, Scholarships, and a Renewed Commitment to Sustainable Growth
36th Tripartite Safety Meeting
CCL Reaffirms Commitment to Workplace Safety and Employee Welfare at 36th Tripartite Safety Meeting
ADVERTISEMENT
ADVERTISEMENT
Videos
Anil Swarup
Conquering The Emperor of Maladies With Aplomb
CS Rao, IFS Officer
How IFS Officer C.S. Rao Is Transforming Sikkim Into a Model of Green and Sustainable Tourism
WhatsApp Image 2025-10-31 at 13.49
Walking with the Wild: How Dr. Sonali Ghosh is Protecting Assam’s Forests
ADVERTISEMENT
UPSC Stories
Moin Ahamd Mansoori IAS UPSC Success Story
How IAS Moin Ahamd Mansoori’s Selection Brought Respect, Dignity, and a New Life to His Family
From running a cyber café to becoming an IAS officer, Moin Ahamd Mansoori’s story of struggle, UPSC journey,...
asjhajshaj
The Soil That Raised Him Now Celebrates Him: How Farmer’s Son & Teacher Kamal Khadav Became SDM - After Mishearing a Question in His Interview
Farmer’s son Kamal Khadav from Bedawadi, Nagaur, secured 9th rank in RAS 2023 through self-study while...
WhatsApp Image 2025-11-01 at 15.31
How Safna Nazarudeen Became Kerala’s Youngest Muslim Woman IAS Officer
Safna Nazarudeen, youngest Muslim woman from Kerala to crack UPSC with All India Rank 45, now serves...
Social Media
IAS L.V
Clean Skies vs Choking Smog: Ex-IAS L V Nilesh's Critiquing Post Comparing Delhi’s Smog to U.S. Skies Sparks National Outrage
Ex-IAS officer Mr. L.V. Nilesh’s viral post comparing Delhi’s polluted air to the U.S. has reignited...
IAS Pari Bishnoi
“Don’t Quit”: IAS Pari Bishnoi’s Inspiring Journey From Weight Gain to UPSC Glory is Inspiring Millions Across India
IAS officer Ms. Pari Bishnoi’s journey from failure to achieving All India Rank 30 in the UPSC exam showcases...
Tenzin Yangki IPS Arunachal
Historic First: Who Is Tenzin Yangki, Arunachal Pradesh’s First Woman to Join IPS? Anand Mahindra Hails Her
She secured an impressive 545th rank in the prestigious UPSC Civil Services Examination - 2022.
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
Brajesh Mishra IPS
Who is IPS Brajesh Mishra? Sultanpur SSP to Address Global Buddhist Scholars at Sanchi University Silver Jubilee
Surendra Lamba ips
 IPS Surendra Lamba Appointed New SSP of Tarn Taran After Suspension of Dr. Ravjot Kaur Grewal
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Anil Swarup
CS Rao, IFS Officer
WhatsApp Image 2025-10-31 at 13.49
ADVERTISEMENT
ADVERTISEMENT