Complete witness protection is paramount under the UAP Act; partial disclosures that undermine this protection are impermissible.

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 of the witnesses, namely, LW-10, LW-11, LW-12, LW-19, LW-20, LW-21, LW-22, LW- 34, LW-35, LW-36, LW-37, LW-38, LW-39, LW-40 and LW-70 mentioned in Annexure "A" to the charge sheet and in the statements of said witnesses recorded under Section 161 of Cr.P.C. The second direction issued by the Trial Court is to submit one separate set of true copy of such hided copy of statements of those witnesses in Annexure-A to the charge sheet to the Court, along with the copies to be supplied to the accused persons, to keep with the case records. Upon such submission, the Trial Court directed its office to keep the original of Annexure-A to the charge sheet and the statements under Section 161 of Cr.P.C of the said witnesses in a sealed cover separately under the safe custody of the Court.

4. The objectionable third direction, which resulted in filing of the present original petition is that the original statements under Section 161 of Cr.P.C in respect of those witnesses will be opened from the sealed cover on the date of examination of the concerned witnesses and after examination in chief is over, the statement of such witnesses shall be supplied to the accused immediately.

5. The learned Additional Solicitor General of India, Mr.A.R.L.Sundaresan, appearing on behalf of the petitioner would submit that the prosecuting agency has no objection with reference to direction Nos. 1 and 2 issued by the Special Court for NIA cases. With reference to the third direction, if it is implemented, it would defeat the very purpose for protecting the witnesses under the Act. Thus, the third direction is to be set aside.

6. The learned Additional Solicitor General of India would further submit that the alleged charges against the respondents 1 to 17/accused persons are serious in nature. The threat perception has been elaborately stated by the prosecuting agency in the petition and having cosidered the same, the Trial Court issued a third direction with reference to the original statement under Section 161 Cr.P.C. to be opened from the sealed cover on the date of examination of the concerned witnesses and after examination in chief is over, the statement of such witnesses shall be supplied to the accused immediately. If the said procedure is allowed to be implemented, then the very purpose of witness protection will be defeated.

7. The learned Additional Solicitor General of India would further submit that the name, addresses and identity of the witnesses need not be disclosed in the judgment itself and when the prosecuting agency has raised a genuine apprehension regarding threat perception for the protected witnesses, the Trial Court ought not to have issued such a direction to open the sealed cover after examination in chief is over.

8. Mr.Abdul Basith, appearing on behalf of the