CRLMP/39/2021
2021 Latest Caselaw 535 Ori

                                CRLMP No.39 of 2021




2.     15.01.2021         Heard Mr. Patnaik, learned counsel for the petitioner
                    and Mr. Mohatra, learned Addl. Standing Counsel through
                    video conferencing mode.
                          Mr. Patnaik submits that after lodging of Khaira P.S.
                    Case No.161 dated 27.08.2019 by the wife of the petitioner,
                    the petitioner and his family members are living under
                    constant threat from the accused persons. Therefore, he prays
                    that the opposite party nos.1 & 2 be directed to give the
                    petitioner and his family members necessary protection.
                          Mr.   Mohapatra,     learned   Addl.   Standing   Counsel
                    submits that for getting protection, the petitioner should
                    approach the "Competent Authority" as constituted under the
                    "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, for seeking such
                    protection under the above noted Scheme a person has to file
                    a petition in the prescribed form before the "Competent
                    Authority" constituted under the above noted 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. Patnaik submits that the
                    petitioner may be granted liberty to approach the "Competent

Rns.
                    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.