“Despite accepting threat to his life, protection to witness was reduced!!!” Allahabad High Court expresses surprise over District Judge’s decision

In a matter involving the protection of a witness, Allahabad High Court recently expressed surprise as to how despite accepting a threat to the witness’s life, a committee headed by the District Judge reduced the security provided to the witness.

The bench of Justice Rajan Roy and Justice Suresh Kumar Gupta observed as to how such orders have been passed in a matter of such importance involving protection of a witness covered by the Witness Protection Scheme, 2018 which has been declared as law of the land having been approved by the Hon'ble Supreme Court in the case of Mahendra Chawla Vs. Union of India & Ors.

On September 2nd, 2019 the petitioner/witness was provided one gunner round the clock for a threat was perceived to his life by the accused involved in the criminal case. In the concerned criminal case, the petitioner is the injured witness and also a victim of the crime. Accordingly, protection was provided to him.

However, a District Level Security Committee headed by the District Judge on March 23, 2021 and via another subsequent order reduced the level of security having been provided to the petitioner/witness. The most surprising fact was that in both the orders, the committee accepted that there was a threat to life of present petitioner/witness.

On March 23, instead of the earlier arrangement, wherein, one gunner was provided to the petitioner round the clock, it was ordered that now security would be provided by the Chinhat Police Station on the date fixed for trial.

And by the subsequent order the only modification made is that one security personnel from Chinhat Police Station shall be provided to the petitioner a day prior to the date fixed before the trial court.

However, in body of both the orders, a threat had been accepted, meaning thereby, there was a threat to the life of the petitioner from the accused.

Taking note of these facts, High court said,

“When there is an admitted threat perception to the petitioner, then, one fails to understand that as to how this arrangement is going to secure his life, what if, an attempt is made on his life during the period the security personnel is not provided to him.”

Therefore, accordingly court restored the earlier arrangement by which one gunner was provided to the petitioner/witness round the clock and directed that same shall continue until further orders.

Lastly, court also asked the opposite parties to file counter affidavit within four weeks and rejoinder affidavit be filed by the petitioner within two weeks.

Case Title: Vrijendra Pratap Singh v. State of U.P. thru. Prin. Secy. Home Lko. & Ors