Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1399 (GUJ)

National Investigation Agency, Mumbai v. Mohd. Yunus @ Majaro S/o Mohd Yusuf Shekh

2017-08-09

ANANT S.DAVE, R.P.DHOLARIA

body2017
ORDER : ANANT S. DAVE, J. Heard Mr. Devang Vyas, learned Solicitor General for the appellant. 2. This appeal is filed under Section 21 of the National Investigation Agency Act, 2008 (hereinafter referred to as the “NI Act” for short) against the order dated 30.5.2017 passed by the learned Special Judge for NIA Cases, Ahmedabad, in Special Case No. 1 of 2016 whereby operative order reads as under: “The present application is partly allowed. The N.I.A is directed to provide truncated statements of the witnesses in a meaner that only names and addresses of the witnesses are not disclosed and the State shall take due steps to ensure that adequate protection is provided to such witnesses if the need is felt or the need so arises. With these observations and directions, the present application is ordered to stand accordingly disposed of. Dictated and pronounced in the open court on this 30th day of May, 2017.” 3. At the outset, this matter was partially heard by this Court on 11.7.2017 and the same was adjourned to 26th July 2017 and thereafter, at the request of learned ASG for the appellant-NIA, the same was ordered to be heard today. 4. Mr. Devang Vyas, learned Assistant Solicitor General appearing for appellant-NIA has drawn our attention to Section 17 of the NI Act and submissions were made based on plain language of the section. However, a suggestion was made by this Court that the nature of statements of witnesses and other documents to be supplied to the accused in truncated manner require some basis for which accused can raise the plea, and now a list of protected witnesses along with copies of the statements and other materials partially truncated to protect identity of witnesses are shown to us. According to learned ASG, list of protected witnesses along with other documents takes care of Section 17 of the NI Act and will provide an opportunity to the accused to take appropriate action in accordance with law. 5. Be that as it may, at this stage, we are of the view that the list of protected witnesses shown to us, at this stage, when the charge is yet not framed, can be presented before learned Special Judge NIA Court, Ahmedabad towards compliance of the direction contained in order dated 30th May, 2017, for the perusal of learned Special Judge. 6. 6. Without expressing any opinion and merit of the case, we deem it just and proper that the list of protected witnesses along with other documents which is shown before this Court by the learned ASG for the appellant, shall be produced before the learned Special Judge and the learned Special Judge shall peruse and consider the same for the purpose of compliance of Section 17 of the NI Act and the order impugned order herein. With the aforesaid direction, the present appeal stands disposed of in terms of the above order.