CRLMP/1674/2020
2021 Latest Caselaw 428 Ori

                        CRLMP No.1674 of 2020




2.    12.1.2021         Heard Mr. S.G. Das, learned counsel for the
                  petitioner      and     Mr.     Pattnaik,     learned        Additional
                  Standing Counsel through Video Conferencing Mode.
                        Mr. Das submits that after lodging Khallikote P.S.
                  Case No.112 of 2019, the petitioner is living under
                  constant threat from the accused. Therefore, he prays
                  that the opposite parties be directed to give the
                  petitioner adequate protection.
                        Mr. Pattnaik submits that for getting protection,
                  the    petitioner      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, the
                  petitioner being the informant, is likely to be an
                  important witness in case of a future trial. Therefore,
                  instead    of    approaching         this    Court,        she   should
                  approach the "Competent Authority" under the above
                  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.

     amit               In such background, Mr. Das submits 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.)