Supreme Court of India
Waheed-ur-rehman Parra v. Union Territory of Jammu & Kashmir
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What the Court ordered
We are of the view that the provisions of Section 173(6) of the Cr.P.C. read with Section 44 of the UAPA and Section 17 of the NIA Act stand on a different plane with different legal implications as compared to Section 207 of the Cr.P.C. We say so as the first order was passed at the threshold.
Judgment, page 11
From the headnote
Code of Criminal Procedure, 1973 – ss.173(6), 207 and 161 – Unlawful Activities (Prevention) Act, 1967 – s.44 – Whether in the case of certain witnesses being declared as protecte d witnesses in the exercise of powers u/s.173(6) CrPC, read with s.44 o f UAPA by the trial court, can the defence seek recourse to the remedy u/ s.207 and s.161 CrPC for obtaining copies of redacted statements of these protected witnesses – Trial Court noted that the p rosecution was duty bound to provide the copies of the statements of pr otected witnesses to the accused in order to provide a fair trial – In
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