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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, Ramesh Chandra Khulbe, JJ.
Gita Mehra - Appellant
Versus
State of Uttarakhand & Ors. - Respondents
Writ Petition (Criminal) No. 2130 of 2022
Decided On : 07-12-2022
Protection - Witness Protection - The court directed respondent Nos. 1 to 3 to provide protection to the petitioner under the Witness Protection Scheme during the pendency of the trial in the case.
Fact of the Case:
The petitioner sought protection from threat, coercion, or harm from respondent No. 4, who was involved in a case registered under Section 376 of IPC based on the petitioner's complaint.
Finding of the Court:
The court disposed of the petition with a direction to provide protection to the petitioner under the Witness Protection Scheme during the trial, and also counsel respondent No. 4 not to take the law into his own hands.
Issues: Protection from threat and coercion, application of Witness Protection Scheme, ensuring safety during trial.
Ratio Decidendi: The court's decision was influenced by the need to ensure the safety of the petitioner during the trial and to prevent any potential harm or coercion from respondent No. 4.
Final Decision: The court directed respondent Nos. 1 to 3 to provide protection to the petitioner under the Witness Protection Scheme during the pendency of the trial in the case.
JUDGMENT
Vipin Sanghi, CJ. - Issue notice. Counsel appears and accepts notice on behalf of respondent Nos. 1 to 3.
2. Petitioner Gita Mehra is present in person before the Court.
3. The petitioner has preferred the present petition to seek protection from any threat, coercion or harm, which may come from respondent No. 4.
4. The case of the petitioner is that, on her complaint, one First Information Report, bearing No. 25 of 2020, under Section 376 of IPC, has been registered at Police Station, Berinaag, District Pithoragarh, on the basis of which a case is registered, titled State Vs Gokulanand Salwasi, against respondent No. 4.
5. The petitioner submits that the respondent No. 4 has preferred a petition before this Court, and proceedings have been stayed by this Court in the petition preferred by respondent No. 4. Respondent No. 4 is out on bail, and the petitioner has apprehension that he may coerce the petitioner, or harm her on account of the fact that she has made a complaint against him.
6. We dispose of this petition with direction to respondent Nos. 1 to 3 to provide protection to the petitioner under the Witness Protection Scheme during the pendency of the trial in the aforesaid case. The respondent No. 3 shall make an assessment of the threat perceived by the petitioner, and provide her protection. He shall also counsel respondent No. 4 not to take the law into his own hands.
7. Interim Relief Application (IA No. 01 of 2022) also stands disposed of.
8. Urgent copy of this order be supplied to the learned counsel for the parties, during the course of the day, as per Rules.
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.
Availability of Witness Protection Scheme for individuals facing threats as witnesses
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....
Courts can direct protective measures for witnesses under existing cases to ensure their safety during proceedings.
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