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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Kuldeep Bhardwaz - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Criminal Writ Petition No. 139 of 2023
Decided On : 20-01-2023
Witness Protection Scheme - Petition seeking protection from threats - The court directed the petitioner to file an application under the Witness Protection Scheme as per the judgment of the Hon'ble Supreme Court in the case of Mahender Chawla & others vs. Union of India & others, (2019) 14 SCC 615
Fact of the Case:
The petitioner sought protection from threats by respondent nos. 3 to 6, citing an FIR lodged against them.
Finding of the Court:
The court directed the petitioner to seek protection under the Witness Protection Scheme instead of granting immediate protection through the writ petition.
Issues: Petition seeking protection from threats, applicability of Witness Protection Scheme
Ratio Decidendi: The court relied on the judgment of the Hon'ble Supreme Court in the case of Mahender Chawla & others vs. Union of India & others, (2019) 14 SCC 615, and emphasized the availability of the Witness Protection Scheme for individuals facing threats as witnesses.
Final Decision: The instant writ petition stands disposed of with the direction for the petitioner to file an application under the Witness Protection Scheme.
JUDGMENT
Ravindra Maithani, J. - The instant petition has been filed seeking protection from respondent nos. 3 to 6, on the ground that the petitioner had lodged an FIR No.270 of 2018, under Sections 420, 323, 504 & 307 IPC, Police Station Manglore, District Haridwar against respondent nos. 3 to 6, therefore, they are extending threats to the petitioner.
2. Heard learned counsel for the parties and perused the record. Learned counsel for the petitioner appeared through video conferencing.
3. According to the petitioner's case, he is a witness in the FIR. If any threat is being extended to the petitioner, he can very well file an application under the Witness Protection Scheme, as promulgated, pursuant to the judgment of the Hon'ble Supreme Court in the case of Mahender Chawla & others vs. Union of India & others, (2019) 14 SCC 615.
4. With these observations, the instant writ petition stands disposed of.
Availability of Witness Protection Scheme for individuals facing threats as witnesses
The main legal point established is the court's authority to direct protection under the Witness Protection Scheme to ensure the safety of a petitioner during the trial.
The police authorities are duty-bound to conclude the investigation without any undue delay and submit the report to the concerning Magistrate. The Witness Protection Scheme, 2018 provides for filing....
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