Hon'ble Alok Mathur,J.
Heard Sri Ashok Kumar Mishra, learned counsel for the petitioner and Sri Anil Kumar Singh Visen, learned Standing Counsel for the respondents State.
According to the petitioner, brother of the petitioner was murdered on 29.05.2008, therefore, an FIR was lodged and the same was registered as Case Crime No. 222 of 2008. Pursuant to the aforesaid FIR, accused was arrested and sent to jail.
Grievance of the petitioner is that earlier security was granted to him in compliance of the order dated 13.04.2012 passed by the learned Special Judge (SC/ST Act), which was continued till 2014. Thereafter, despite threat perception to the life of the petitioner, the respondent authorities have withdrawn the security given to the petitioner without considering the directions given by the Apex Court in the case of Mahender Chawla and others vs. Union of India and others, 2018 Law Suit (SC) 1235.
In Mahendra Chawla and others Vs Union of India and others (Supra), the Apex Court has directed for Enforcing Witness Protection Scheme, 2018 in letter and spirit and the Apex Court issued the following directions:-
"We, accordingly, direct that :
(i) This Court has given its imprimatur to the Scheme prepared by respondent No.1 which is approved hereby. It comes into effect forthwith.
(ii) The Union of India as well as States and Union Territories shall enforce the Witness Protection Scheme, 2018 in letter and spirit.
(iii) It shall be the 'law' under Article 141/142 of the Constitution, till the enactment of suitable Parliamentary and/or State Legislations on the subject.
(iv) In line with the aforesaid provisions contained in the Scheme, in all the district courts in India, vulnerable witness deposition complexes shall be set up by the States and Union Territories. This should be achieved within a period of one year, i.e., by the end of the year 2019. The Central Government should also support this endeavour of the States/Union Territories by helping them financially and otherwise.
Writ petition stands disposed of in the aforesaid terms."
Considering the aforesaid, we, without commenting on the merits of the case, grant liberty to the petitioner to move a suitable application before the respondent no.4-Senior Superintendent of Police, District Lucknow within a period of three weeks from today. If such an application is filed by the petitioner within the stipulated period, the respondent no.3 shall pass suitable orders and place the case of petitioner before the Committee concerned for considering the threat perception to the petitioner and suitable order shall be passed thereupon by the District Level Committee within a period of two months from the date of production of a certified copy of this order taking into account the judgement of the Supreme Court in the case of Mahender Chawla and others vs. Union of India and others (supra).
The writ petition is, accordingly, disposed of.
(Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.) Order Date :- 28.11.2019 Ajit/-