JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The moot point arising for consideration in the present appeal is whether in the case of certain witnesses being declared as protected witnesses in the exercise of powers under Section 173(6) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) read with Section 44 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the ‘UAPA’) by the trial court, can the defence seek recourse to the remedy under Section 207 and Section 161 of the Cr.P.C. for obtaining copies of redacted statements of these protected witnesses.

Background:

2. A First Information Report (for short ‘FIR’) being FIR No. 5/2020, was registered on 11.01.2020 under Sections 18, 19, 20, 38 and 39 of the UAPA read with Sections 7/25 of the Arms Act, 1959 (hereinafter referred to as the ‘Arms Act’) and Sections 3/4 of the Explosive Substance Act, 1908 (hereinafter referred to as the ‘ES Act’) against one Syed Naveed Mushtaq and Others at P.S. Qazigund. The National Investigation Agency (for short ‘NIA’) took up the investigation into this FIR under Section 6(4) read with Section 8 of the NIA Act and the FIR was re-registered as RC/01/20