NEW DELHI: The Government said in the Rajya Sabha on Monday that it was considering amendments to the Criminal Procedure Code (Cr.P.C.) to provide protection to witnesses as the existing law had lacuna.

Speaking after members expressed concern over the tardy investigation and threats to witnesses in the Jessica Lal murder case leading to the acquittal of all the accused, Union Home Minister Shivraj Patil admitted that the Cr.P.C. did not have enough provisions to protect witnesses.

In the Lok Sabha, members cutting across party lines expressed concern over the manner in which the accused were acquitted and demanded that the Central Bureau of Investigation be asked to probe the case. Raising the issue, Gurudas Dasgupta (CPI), said the trial court judge who pronounced the order has since been elevated to the High Court.

"We recently drafted the Communal Harmony Bill which specifically protects witnesses from harassment, intimidation or pressure. In the interest of justice, we would like to see this kind of provision incorporated in the Cr.P.C," Mr. Patil said.

On the issue of witnesses unwilling to testify, as has been the case in the Nitish Katara murder case that also took place in the national capital, the Ministries of Law and Home favoured higher dependence on circumstantial evidence by modernising the system of investigation.

On the demand to re-investigate the Jessica Lal murder case, Mr. Patil said that under the law no person could be tried twice though the Supreme Court in some cases had ordered a re-trial. "In such matters [Jessica Lal case] there is a provision of appeal. We will certainly like to have it. The [Delhi] High Court has taken cognisance of the case and asked the police to investigate and find out where mistakes have been committed."

Raising the issue during zero hour, Sitaram Yechury (CPI-M) wondered about the fate of common citizens when sloppy investigation and hostile witnesses marked cases involving Page 3 celebrities. Calling upon the Government to restore the people's faith in the delivery of justice, Mr. Yechury said the Jessica case was unacceptable in a civil and democratic society.

The Leader of the Opposition, Jaswant Singh, supported the Government in anything it wished to do in this regard and regretted that the "disease" had become widespread.

Brinda Karat (CPI-M) described the case as a "symbol of huge injustice" and called for strong action against the Delhi Police officials for contamination of investigation as well as the Central Forensic Laboratory, if the need arose.

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