Threat To Witness Not Grounds For Transferring Trial, Witness Protection Act Applicable: Uttarakhand High Court

The Uttarakhand High Court has held that allegations of threats to witnesses, by themselves, do not justify the transfer of a criminal trial when the Uttarakhand Witness Protection Act, 2020, provides a statutory mechanism for securing protection to witnesses. The Court observed that where such protection is available and can be invoked, transfer of the trial is unwarranted.Justice Siddhartha Sah was hearing a criminal transfer application under Section 407 CrPC seeking transfer of Sessions Trial, arising out of an FIR registered under Section 302 IPC and Section 25 of the Arms Act, from the Court of the District and Sessions Judge, Dehradun, to a competent court at Haridwar. The applicant contended that the accused and his family had a criminal background and had repeatedly threatened him and his family with dire consequences if they pursued the criminal case. It was further alleged that an eyewitness had also been threatened in the court premises on 10.02.2023 and that despite informing the Senior Superintendent of Police and the local police, no effective protection was provided.Pursuant to the Court's direction, a report was called from the trial court. The report disclosed that the applicant's evidence had already been recorded as PW-1 on 09.01.2023 and that two other prosecution witnesses had also been examined. It further stated that neither the applicant nor any other witness had informed the trial court about any threat being extended to them during the course of the proceedings.The Court observed that the Uttarakhand Witness Protection Act, 2020, specifically provides for protection measures to enable witnesses to depose without fear. Referring to Sections 4 and 5 of the Act, the Court noted that a witness may apply to the Competent Authority for protection, upon which a threat analysis report is to be obtained from the Senior Superintendent of Police or Superintendent of Police concerned. The Court further observed that, depending upon the urgency arising from an imminent threat, interim protection may also be granted pending consideration of the application.The Court held that since a statutory mechanism for witness protection was already available and the applicant's evidence had already been recorded, no case for transfer of the trial was made out. “Since the provision for granting protection to a witness is already there by virtue of the provisions of Sections 4 and 5 of the Act and also in view of the fact that the evidence of the applicant has already been recorded as PW1 on 09.01.2023, there is no reason to interfere in the matter,” the Court observed. Accordingly, the Court dismissed the criminal transfer application.Case Title: Rakesh Banwal v. State of Uttarakhand & Ors. [Criminal Transfer Application No. 8 of 2023].Citation: 2026 LiveLaw (UK) 73Click Here To Read/Download Order

Threat To Witness Not Grounds For Transferring Trial, Witness Protection Act Applicable: Uttarakhand High Court

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Threat To Witness Not Grounds For Transferring Trial, Witness Protection Act Applicable: Uttarakhand High Court

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