Professional Documents
Culture Documents
Criminal Original Jurisdiction Petitioner: Mahender Chawla V. Respondent: Union of India ON5 December 2018 by Justice
Criminal Original Jurisdiction Petitioner: Mahender Chawla V. Respondent: Union of India ON5 December 2018 by Justice
The petitioners raised the issue that pertains to the protection and
security of witnesses during the proceedings.
The petitioners argued that 3 witnesses has already killed and 10 had
been already attacked. Mahender Chawla, the first petitioner had
miraculously survived the attack in his life to give witness against
Asaram Bapu, the alleged God and his son Narayan Sai in the case of
1
rape of a child and two sisters. He also witnessed Narayan Sai doing
some Tantric practice in the child’s body in an Asaram in Madhya
Pradesh, in which still date there is no investigation due to the
influence of Asaram
Petitioner no. 3 Karamvir Singh is the father of the raped child. The
Utter Pradesh police withdrew half of the petitioners’ security despite
being threatened by them. Narendra Yadav petitioner no. 4 who was
attacked because he wrote articles against Asaram Bapu and Narayan
Sai.
The supreme court has given a great verdict which gave effect to the
witness protection scheme, 2018 which aims to promote law
enforcement by the protection of persons who are directly or
indirectly involved in providing assistance to criminal law agencies
and the overall administration of the justice. Later on the ministry of
home affairs prepared a draft witness protection scheme and the union
government finalised after gathering things from the state, union
territories, high courts, police and the National Legal Services
Authority(NALSA).
The scheme in its second part mentions the steps to be taken to protect
a witness.it provides that any person by filing an application in a
prescribed form can seek protection under concerned district. The
authority then, from the Assistant Commissioner of Police or Deputy
Superintendent of Police should ask for a Threat Analysis Report of
the concerned in charge of the police sub division. As per the threat
perceived this report will then categorise the witness as follows:
ATHEESHA M V
FIVE YEAR EIGHT SEMESTER
GOVERNMENT LAW COLLEGE, THRISSUR