[DELHI RIOTS] Delhi Court directs return of chargesheet copies to secure identity of protected witnesses

The Court was informed that inadvertently, the identity of some of the protected witnesses had been disclosed in the chargesheet.

Delhi Riots

Published on:

10 Oct 2020, 9:39 am

3 min read

Following the disclosure of names of protected witnesses in the case concerning the conspiracy that led to the riots in the capital’s North-East area in February 2020, a Delhi Court has directed the counsel for all accused persons to return the copies of the chargesheet supplied to them.

The Court has also directed that the names and identity of the protected witnesses shall not be disclosed by anyone, in any manner whatsoever.

The order was passed by Additional Sessions Judge Amitabh Rawat at Karkardooma Court in an application moved by the Special Public Prosecutor under Section 44 of the Unlawful Activities (Prevention) Act.

The SPP, Amit Prasad informed the Court that inadvertently, the identity of some of the protected witnesses had been disclosed by way of attaching untruncated judicial and investigation papers in the chargesheet.

The disclosure, the SPP said, was neither intentional nor deliberate.

Stating that the life, liberty, safety and security of protected witnesses was of paramount importance, the SPP prayed for issuance of directions to protect witnesses.

The Court was also informed that at least three such protected witnesses were approached by interested persons.

Considering the situation, the Court observed that there was a mistake on part of the investigating officer.

Since the purpose of giving protection to the identity of the protected witnesses was to ensure fair trial, immediate protection order was required to be passed, it opined.

The Court thus ordered,

“any accused persons or any other person or authority etc shall not divulge, public, disclose, disseminate or circulate the identity of the protected witnesses and not to approach them directly or indirectly in any manner whatsoever.”

It added,

“The pendrive supplied to the counsel for accuse persons contain the alleged disclosure of the name of the protected witnesses and hence, it would be in the fitness of things to ask them, who are officers of the court, to return them in court and the IO can provide the fresh copies immediately to the accused persons/counsel on the next date. The return of the pendrive shall also pertain to the one supplied to the court itself. “

The Court further directed Delhi Police to ensure comprehensive safety and security of all such witnesses.

The chargesheet was filed by ACP Alok Kumar and DCP PS Kushwah on September 16, 2020. Filed before ASJ Rawat, Delhi Police named fifteen people as accused including Tahir Hussain, Safoora Zargar, Natasha Narwal, Devangana Kalita.