By Rajesh Pandey
The Allahabad High Court has directed the Uttar Pradesh government authorities to provide adequate security to the wife of 42-year-old Ghaziabad’s advocate Manoj Kumar Chaudhary, who was shot dead by two assailants in his chamber in 2023, if she applies under the Witness Protection Scheme, 2018.
While disposing of the transfer application (criminal) filed by one Kavita Chaudhary, the wife of the slain advocate, the above order was passed by Justice Nand Prabha Shukla.
The applicant had sought transfer of the trial of the murder case pending in the court of additional sessions judge, Ghaziabad, requesting the court to transfer it to any other competent court at Aligarh.
It was her primary case that the respondents – both accused in the case, are practicing advocates, and the applicant, being a poor widow, is under their threat perception and unable to procure any competent lawyer to contest her case.
The court was informed that the opposite party – Nitin Dagar had extended threats from the jail and co-accused – Amit Dagar and Anuj alias Palu had extended threats from outside the prison.
It was also asserted that the applicant, being a poor widow, is staying in Aligarh along with her father, Vijay Singh, and her brother, Dinesh Singh, who is an eyewitness account in the said sessions trial and that she is apprehensive about their life and limb and has even approached the police authorities to provide them with the security guards.
The court called for a report from the concerned presiding officer, endorsed by the district judge, Ghaziabad, reporting that adequate security is being provided to the applicant lady, who already has been examined as a witness.
The officer concerned further ensured that the witnesses would be provided security during the recording of their evidence.
Given this, noting that the trial is at the stage of evidence and the applicant/informant has been provided adequate security at the time of the recording of the evidence as a witness, the court observed that the applicant did not bring on record any real apprehension of threat from the respondents accused.
However, considering the convenience of the parties and in the interest of justice, the court directed that if the applicant/first informant or any witnesses approach the concerned authorities with an application seeking protection under the witness protection scheme, 2018, while following the guidelines set by the Supreme Court in Mahendra Chawla and Others vs. Union of India and Others (2019), the authorities must ensure adequate security for the applicant and witnesses until the conclusion of the trial to ensure a free and fair process.
With the aforesaid directions, the court in its order dated February 6 disposed of the transfer application.