CRLMP/113/2021
2021 Latest Caselaw 1129 Ori

                      CRLMP No.113 of 2021




2.   1.2.2021       Heard Mr. A. K. Parida, learned counsel for the
                petitioner and Mr. Tripathy, learned Additional
                Standing    Counsel      through    video       conferencing
                mode.
                    Mr.    Parida     submits   that    after    lodging    of
                Khallikote P.S. Case No.518 dated 14.12.2020, the
                petitioner is living under constant threat from the
                accused persons, therefore he prays that opposite
                parties no.1 and 2 be directed to give the petitioner
                adequate protection.
                    Mr. Tripathy, learned Addl. Standing Counsel
                submits that for getting protection, the petitioner
                should have approached the "Competent Authority"
                constituted under the "Witness Protection Scheme,
                2019" notified by the Government of Odisha in its
                extraordinary Gazette Notification No.1164 dated
                06.07.2019 in tune with the judgment of the
                Supreme Court in the case of Mahender Chawla &
                Others vrs. Union of India and others reported
                in (2019) (I) OLR (SC) 126. According to him, since
                the petitioner is the informant and he being a star
                witness in case of future trial, he can seek
                protection under the above noted scheme by filing a
                petition   in   the    prescribed      Form     before     the
                "Competent Authority" consisting of the learned
                District & Sessions Judge as Chairman, Head of the
                Police in the district as Member and Head of the
                prosecution in the district as its Member Secretary.
      He also submits that the said scheme provides for
     different    types   of   protection     measures     under
     Clause-7.
         In such background, Mr. Parida submits that
     liberty may be granted to the petitioner to approach
     the "Competent Authority" for the purpose of
     getting protection.
         Considering the submissions made, this Court
     grants liberty to the petitioner to approach the
     "Competent       Authority"     under      the     "Witness
     Protection    Scheme,      2019"    in    an     appropriate
     manner. It is made clear that in the event such a
     motion is made, the competent authority is directed
     to take a decision on the same in tune with the
     above noted Scheme as expeditiously as possible.
         The CRLMP is accordingly disposed of.
         Parties may utilize the soft copy of this order
     available in the High Court's Website or print out
     thereof at par with certified copy in the manner
     prescribed    vide    Court's   Notice    No.4587     dated
     25.03.2020.

                                        .................................
                                        Biswajit Mohanty, J.

RJ