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Waheed-Ur-Rehman Parra vs Union Territory of Jammu and Kashmir

Criminal Appeal · 2022 INSC 240Decided 25 Feb 2022
Criminal Appeal No. 237 of 2022

Background

The appellant was accused in a case under the Unlawful Activities (Prevention) Act (UAPA). The trial court had earlier declared five prosecution witnesses "protected witnesses" and sealed their statements to guard against threats to their safety. When the trial was about to begin, the accused sought redacted (identity-masked) copies of these statements to prepare his defence; the trial court allowed this, but the High Court reversed it, calling it an impermissible "review" of the earlier protection order.

Decision Breakdown

The Supreme Court held that the provisions protecting witness identity (Section 44 UAPA, Section 173(6) CrPC) and the accused's right to disclosure of evidence (Section 207 CrPC) operate at different stages and serve different purposes, protecting witnesses does not mean cutting off the accused's right to a fair trial. Granting a redacted copy (with names, addresses and identifying details removed) was not a "review" of the earlier protection order but a separate, permissible exercise of power at the trial stage. The Court restored the trial court's order allowing redacted statements to be given to the accused, holding it struck a fair balance between witness safety and defence rights.

Lesson Learnt

Protecting a witness's identity in sensitive cases does not mean the accused loses the right to see the substance of the evidence against them. Courts can and should redact identifying details rather than deny disclosure altogether.

Official source (sci.gov.in)View Judgment (PDF)

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