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SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN
R. Ragavendran – Appellant
Versus
Union of India – Respondent
ORDER
P.V. Balakrishnan, J.—This Criminal Miscellaneous Case is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’, for short) challenging the orders dated 03.09.2025 passed in Crl.M.P No.115/2025 and in Crl.M.P.No.95/2025 in RC No.01/2022/NIA/KOC by the Special Court for Trial of NIA Cases, Kerala, Ernakulam.
2. The petitioners are accused Nos. 6 and 7 in SC 2/2025/NIA pending before the Special Court for trial of NIA cases, Ernakulam. The offences alleged against the petitioners are under Sections 120B,121A,122 of IPC and Sections 18,18B,20,38 and 39 of Unlawful Activities (Prevention) Act,1967 (hereinafter referred to as ‘the UAP Act’ for short). The petitioners were arrested on 27.11.2024 and after completing investigation charge sheet was filed against them on 21.05.2025.
3. During the pendency of SC No.2/2025/NIA, the respondent filed Crl.M.P.No.115/2025, under Section 44 of the UAP Act before the Special Court praying for an order to treat CWs 49 to 53, CW61, CW62 and CW79 as protected witnesses and also not to supply the contents of the Section 161 Cr.P.C. statements and connected documents listed in Annexure E list attached to Annexure IV charg
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.
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....
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....
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