CRLMP/1620/2020
2021 Latest Caselaw 586 Ori

                       CRLMP No.1620 of 2020




3.   18.1.2021       Heard Mr. D. Panda, learned counsel for the
                 petitioner   and   Mr.   G.R.   Mohapatra,     learned
                 Additional   Standing    Counsel     through     video
                 conferencing mode.
                     At the outset, Mr. Panda undertakes to serve an
                 extra copy of the writ petition on the learned
                 counsel for the State in course of the day.
                     Mr.   Panda    submits   that   after   lodging   of
                 Chandanpur P.S. Case No.259 dated 29.10.2020,
                 the petitoner and his family members are living
                 under constant threat from the accused persons,
                 therefore he prays that opposite parties be directed
                 to give the petitioner and his family members
                 necessary protection.
                     Mr. Mohapatra, leanred Addl. Standing Counsel
                 submits that for getting protection instead of
                 approaching this Court, the petitioner should have
                 approached the competent authority constituted
                 under the "Witness Protection Scheme, 2019"
                 notified by Government of Odisha vide 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 happens to be
                 the informant and he being a star witness in a
                 future trial he should approach 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 the prosecution in the district
     as its Member Secretary. He also submits that the
     said scheme provides different types of protection
     under Clause-7.
         In such background, Mr. Panda submits that
     liberty may be granted to the petitioner to move the
     above noted competent authority for his protection
     as well as the protection of his family members.
         Considering the submissions made, the CRLMP
     is disposed of granting liberty to the petitioner to
     move the competent authority as indicated in the
     "Witness Protection Scheme, 2019" for the purpose
     of getting protection. In the event, a petition is
     moved before the said authority in an appropriate
     manner, the authority would do well to take a
     decision on such motion in tune with the above
     noted Scheme as expeditiously as possible
         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.


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