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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, V.SIVAGNANAM
Union of India represented by its Additional Superintendent of Police, National Investigation Agency, Kochi – Appellant
Versus
Mohammed Asarudeen S/o. Abdul Salam – Respondent
| Table of Content |
|---|
| 1. interlocutory order on witness protection. (Para 1 , 2 , 3 , 4) |
| 2. arguments on witness protection and cross-examination rights. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's observations on witness protection under uap act. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. final order partly allowing the petition. (Para 22) |
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Under assail is an interlocutory order passed by the Special Court for NIA cases, dated 21.08.2019 in Crl.M.P.No.299 of 2019 in C.C. No.2 of 2019.
2. The petitioner filed a petition under Section 44 of the Unlawful Activities (Prevention)Act 1967 (hereafter referred as UAP Act) r/w. Section 17 of the National Investigation Agency Act 2008 (Herein after referred as NIA Act) r/w. Section 173 (6) of Cr.P.C for passing necessary orders not to supply copies of the statement recorded under Section 161 of Cr.P.C in respect of protected witnesses to the accused persons or their advocates/Legal Counsels in view of the safety and security of the witnesses.
3. The Trial Court adjudicated the issues and passed orders granting permission to the prosecuting agency to hide the identity and address o
Complete witness protection is paramount under the UAP Act; partial disclosures that undermine this protection are impermissible.
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.
(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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