Early Times Report
JAMMU, Oct 13: A Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul allowed the appeal and set-aside the order of trial court in the case of PDP leader Waheed Parra. The DB observed that in the present case, once the trial court while passing order dated 1st June 2021, allowed application of prosecution/appellant, declaring the witnesses (A-1 to A-5) as protected witnesses, keeping them and their statements in a sealed cover, it cannot now by impugned order dated 11th September 2021 revisit and review its own orders, and pass such an order, which exposes the protected witnesses to vulnerability.
The court observed that the impugned order has been even passed oblivious to the order dated 1st June 2021, requiring and warranting it to be interfered with by allowing the instant appeal. The submission of senior counsel appearing for respondent that impugned order is an interlocutory, has no substance as in terms of impugned order. The trial court has finally decided an application which, in essence and core, has reviewed its earlier order and has exposed the protected witnesses to susceptibility.