The court ruled that protection under the Witness Protection Scheme requires a thorough threat assessment, and free assistance hinges on demonstrating genuine risk.

CAV ORDER

The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to the respondents to provide him police protection in the form of a dedicated gunman and also direct the respondents/Police to conduct a thorough threat assessment for appropriate protection free of cost.

2. Heard Sri A.Velan, learned counsel appearing for the petitioner and Sri Mohammed Jaffar Shah, learned Additional Government Advocate appearing for the respondents.

3. Facts, in brief, germane are as follows:

The petitioner is said to be a permanent resident of United Arab Emirates/Dubai and is employed as an Operational Manager in IMS-EXXON. The petitioner claims to be an investor in various places and the operations of the petitioner from Bangalore necessitates his stay in Bangalore on several occasions. On 16-06-2024 he was abducted by a group of 25 individuals when he was on Mahatma Gandhi Road, Bengaluru. The abductors are said to have taken the petitioner to a secluded location in Telangana. A crime then comes to be registered in Crime No.211 of 2024 and the State Police rescued the petitioner from the hands of two accused/A8 and A9. The accused were remanded to Police custody and after 7 days they are now in judicial custody. In the light of the said abduction, the petitioner prefers a representation seeking Police protection on the score that he is the sole witness and victim in Crime No.211 of 2024. This is not granted as is sought by the petitioner. Therefore, he is before this Court.

4. A coordinate Bench of this Court, on the submissions made by the petitioner and the State, passed the following order on 13-02-2025:

“Matter is called out. There is no representation for the petitioner.

Learned AGA submits that the petitioner is a serial defaulter and abusing process of this Court and the interim protection given by this Court. It is also submitted that the petitioner has not deposited any money towards the police protection granted to the petitioner by virtue of the interim orders passed by this Court.

Re-list this matter on 17.02.2025 for preliminary hearing.”

The order supra was passed on the score that the petitioner has not deposited the money towards Police protection. The matter was again heard by the coordinate Bench and the coordinate Bench passed the following order on 20-02-2025.

“ORAL ORDER

Learned Additional Government Advocate has today filed a memo along with several information and documents including a Communication dated 09.01.2025 made by the Police Inspector/Investigating Officer, Halasuru Police Station to the learned Advocate General bringing to his notice various cases and crimes registered against the petitioner in the State of Telangana.

The learned Additional Government Advocate submits that in the writ petition, the petitioner has shown the address of a Hotel situated at M.G.Road, Bengaluru and says he is a law abiding citizen currently residing in the Hotel. No information is given by the petitioner regarding his native place and the permanent address. It is stated that the petitioner has misused the interim orders passed by this Court and has evaded service of notice and summons issued by various Courts seeking the custody of the petitioner. It is further submitted that the petitioner had undertaken before this Court in the writ petition itself that if police protection is provided in the form of a dedicated gunman, pending final disposal of the writ petition, the cost will be borne by the petitioner willingly.

Learned Additional Government Advocate has also furnished information annexed a Communication dated 14.02.2025 issued by the Deputy Commissioner