TARUN AGARWALA,J. - (1.) The petitioner is a workmen working on a Handloom Machine and was witness to a crime involving Shiv Ram Gupta and Amit Jaiswal. The petitioner, his wife, son and daughter were witness to the crime and accordingly are required to appear as witnesses before the Trial Court. The accused are on bail and are threatening the petitioner with dire consequences in the event they appear before the Trial Court and give evidence against them. Considering this threat the petitioner has applied for cancellation of the bail granted to the accused and while the matter is pending the petitioner also applied before the District Magistrate for grant of a security cover. The District Magistrate forwarded the matter to the Senior Superintendent of Police and thereafter the District Level Committee by an order dated 16.05.2017 considered the gravity of the matter and after finding that there is a security threat, granted a gunner for their protection for one month on payment of ten percent charges which amounts to Rs. 8,944/- per month. The petitioner being aggrieved by this order has filed this present writ petition contending that he is a poor person and cannot afford to pay to Rs. 8,944/- per month for security cover. The petitioner prays that the security cover should be provided free of cost at the State expense so that he could give evidence before the Court.
(2.) This Court directed the respondents to file counter affidavit and justify cost. A supplementary counter affidavit has been filed indicating that since the petitioner's income is more than Two lacs per year the cost imposed by the respondents is justified. Admittedly according to the respondents the income of the petitioner is approximately Two lacs per year and security if granted for twelve months would come to more than one lac. Thus fifty percent of his come would go to protect himself. The demand thus raised by the State Government is arbitrary and unjustified. Admittedly in the instant case the petitioner is a prosecution witness. It is the onerous duty of State to provide security and ensure that the witnesses give evidence in a free state of mind before the Trial Court.
(3.) We accordingly quash the order dated 16.05.2017 providing security for one month on a cost of Rs. 8,944/-. We direct the Senior Superintendent of Police, Varanasi to provide security cover to the petitioner and his family on the dates when they are required to appear before the Trial Court for evidence free of cost. This procedure will continue till the pendency of the trial.;