SC cracks down on ‘fixed’ witnesses:Says, ‘These people have become mere formalities’; directs uniform process to ensure credibility

The Supreme Court has taken a strict stance against the use of pre-decided or “stock witnesses” in First Information Reports (FIRs) and charge sheets. The Court directed the formulation of a common minimum procedure for selecting witnesses across the country to ensure that those involved in investigations are genuine and credible. High-powered committee constituted A bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan constituted a seven-member high-powered committee to address the issue. The committee will be chaired by Justice Vivek Agarwal of the Madhya Pradesh High Court. Other members include: Nationwide consultation ordered The Court has directed the Central Government, all states, and Union Territories to submit suggestions within one month after consulting police, prosecution agencies, and legal experts. Based on these inputs, a standardized framework for witness selection will be developed and implemented nationwide. The Ministry of Home Affairs has been instructed to provide necessary resources to the committee. The directions were issued during a hearing on March 19. Concern over witnesses becoming mere formalities The Supreme Court observed that in many cases, witnesses are included in FIRs and charge sheets merely as a formality. Such witnesses often turn hostile later, as they were either not present at the scene or their names were added under pressure. Indore case triggered judicial concern The issue came to light during the hearing of a case from Indore. In a matter registered at Chandan Nagar Police Station, the accused, Anwar Hussain, filed a bail plea. His counsel argued that the station in-charge, Chandramani Patel, had used the same witness in hundreds of cases, while two fixed witnesses were involved in around 150 cases. Taking serious note of the matter, the Supreme Court ordered the removal of the station in-charge. Push for systemic reform Following this, on March 19, the Court directed the creation of a common minimum procedure to regulate witness selection, aiming to bring transparency, credibility, and fairness into the criminal justice system.