(Witness Protection Scheme) vs Government Advocate Through ...
2021 Latest Caselaw 232 Ori

                    CRLMP No.1700 of 2020


                                        (Witness Protection Scheme)



2.    6.1.2021       Heard Mr. J. Khandayatray, learned counsel for
                 the petitioner and Mr. H.M. Dhal, learned Additional
                 Government Advocate through Video Conferencing
                 Mode.
                     Mr. Khandayatray submits that after lodging
                 Nirakarpur P.S. Case No.83 of 2018, the petitioner is
                 living   under   constant     threat    from   the   accused.
                 Therefore, he prays the opposite parties be directed to
                 give the petitioner adequate protection.
                     Mr. Dhal submits that for getting protection, she
                 should approach the "Competent Authority" under
                 "Witness Protection Scheme, 2019" launched by the
                 State    of   Odisha   vide   Gazette    Notification   dated
                 6.7.2019 in tune with the judgment of the Supreme
                 Court in the case of Mahender Chawla & others v.
                 Union of India & others reported in (2019) (I) OLR
                 (SC) 126. According to him, anyone seeking protection
                 under the above noted Scheme can file a petition in
                 the prescribed form before the "Competent Authority"
                 constituted under the said Scheme consisting of the
                 learned District & Sessions Judge as Chairman, head
                 of the Police in the district as Member and head of
                 prosecution in the district as its Member Secretary. He
                 also submits that the said Scheme provides different
                 types of protection measures under Clause -7.
                     In such background, Mr. Khandayatray submits

     amit        that the petitioner may be granted liberty 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   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
such motion 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
25.3.2020.

                              ..................................

(Biswajit Mohanty, J.)