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ABHAY S. OKA, UJJAL BHUYA
Mohammed Asarudeen – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. leave granted. (Para 1) |
| 2. witness protection application procedures under uapa. (Para 2 , 3 , 4) |
| 3. high court's intervention on witness statements. (Para 5) |
| 4. arguments surrounding the adequacy of recorded satisfaction. (Para 6 , 7) |
| 5. court's obligations in witness protection evaluations. (Para 8 , 9 , 10 , 11) |
| 6. individual assessment required for witness protection. (Para 12 , 14 , 15) |
| 7. the court must exercise care in addressing witness protection. (Para 13) |
| 8. set aside the decisions due to lack of individual assessment. (Para 16) |
| 9. prosecution may still invoke protective measures per necessity. (Para 17 , 18 , 19) |
| 10. the appeal is allowed. (Para 20 , 21) |
| 11. court's final order on appeal. (Para 22 , 23) |
JUDGMENT :
(Abhay S. Oka, J.)
1. Leave granted.
2. Heard learned senior counsel appearing for the appellant and learned Additional Solicitor General appearing for the first respondent. The appellant is accused No. 1. The appellant is being tried by the Special Court for the National Investigation Agency (hereinafter referred to as ‘the NIA') cases in Chennai. Initially, an offence was registered under Sections 341 , 294(b) and 307 of the INDIAN PENAL CODE , 1860 (f
The court emphasized the necessity of recording specific satisfaction regarding the danger to witnesses before granting protection measures under UAPA and NIA Act, ensuring individual assessments rat....
Protected witnesses – While deciding what kind of measures should be adopted, court must record its reasons.
Witness protection orders must be based on clear evidence of danger to witness lives, with specific findings and reasoning; vague or general justifications are insufficient.
Complete witness protection is paramount under the UAP Act; partial disclosures that undermine this protection are impermissible.
(1) Supply of documents to accused – Court has to protect witnesses while ensuring fair trial to accused.(2) Supply of documents to accused – Particulars of witnesses which could disclose their ident....
The court established that the accused's right to fair trial includes access to unmasked prosecution records, balanced against the need to protect the victim's identity.
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