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Submit details on witness protection scheme: Allahabad HC to U.P. govt

By, Lucknow
Feb 14, 2025 09:04 AM IST

Advocate Sajjad Hussain had filed the writ petition in the high court alleging that the state government had not implemented the said scheme properly

The Lucknow bench of the Allahabad high court has directed the state government to apprise it of the implementation of the scheme related to the protection of witnesses in criminal cases.

The court also appointed advocate RD Shahi, president, Oudh Bar Association, as amicus curiae to assist the court in this case. (For Representation)
The court also appointed advocate RD Shahi, president, Oudh Bar Association, as amicus curiae to assist the court in this case. (For Representation)

Converting a writ petition related to protection of witnesses into ‘suo moto’, a division bench of Justice AR Masoodi and Justice Subhash Vidyarthi on February 11 observed: “Whether the prescribed format of the application as specified under section 6(8) of the Witness Protection Scheme, 2024, has been formulated in the same format or not.”

The court also directed the state government to clarify whether any official website has been made available for receiving applications (for witness protection) or not. Besides, the court instructed the state government to clarify about allocation of funds for the scheme.

Advocate Sajjad Hussain had filed the writ petition in the high court alleging that the state government had not implemented the said scheme properly.

However, the court converted it into a ‘suo moto’ (of its own motion) petition. “We take suo moto notice of the cause espoused in this petition relieving the petitioner of the onerous duty regarding which he has not owned any serious responsibility to give out the relevant facts by undertaking requisite research,” the court said.

The court also appointed advocate RD Shahi, president, Oudh Bar Association, as amicus curiae to assist the court in this case and listed it for next hearing on February 18. The scheme came into effect in the state on July 1, 2024. The Witness Protection Scheme, 2018, has been framed to help witnesses testify in criminal cases without fear of reprisal.

Under the scheme, a three-member committee must be formed in every district headed by the district judge. Two other members of the committee should be the district magistrate and the joint prosecution officer. Under the scheme, a portal and an application should come up for filing online applications by witnesses.

‘Give security to slain lawyer’s wife if she applies’

The Allahabad high court on Thursday directed the state government to provide adequate security to the wife of 42-year old Ghaziabad advocate Manoj Kumar Chaudhary, who was allegedly shot dead by two assailants in his chamber in 2023, if she applies under the Witness Protection Scheme, 2018.

The Union government had notified the Witness Protection Scheme in 2018. It was rolled out in Uttar Pradesh in July 2024.A bench of Justice Nand Prabha Shukla passed the order on a petition filed by Kavita Chaudhary, the wife of the deceased advocate.

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