Witness Identity Protection - Law Commission of India

25Position in India(A)Constitutional Provisions and Interpretation:The Indian Constitution does not contain any express provision thatcriminal trials must be open public trials nor does it contain anything likethe First Amendment of the US Constitution which contains a confrontationclause. However, these crucial aspects relating to due process in criminalprocedure have been derived by our Courts by way of interpretation of Art21 of the Constitution. Art 21 reads as follows:“Art 21:Protection of life and personal liberty:No person shall be deprived of his life or personal liberty exceptaccording to procedure established by law.”Though earlier decisions of the Supreme Court interpreted Art 21 asrequiring merely a ‘procedure established by law’, whatever be its fairnessthere was a new turn in Maneka Gandhi’s case 1978(1) SCC 240 where theSupreme Court held that the Constitutional mandate in Art 21 required aprocedure which was ‘fair, just and reasonable’. It has since been held in anumber of cases that the procedure must be fair. (Police CommissionerDelhi vs. Registrar, Delhi High Court: AIR 1997 SC 95). It has been heldthat the trial must be a public trial. Vineet Narain vs. Union of India : AIR1998 SC 889.