section 5
Procedure for processing the application regarding providing witness protection
The Witness Protection Act(1) As and when an application is received by the Competent Authority in the prescribed form, it shall forthwith pass an order for calling the threat analysis report from the Senior Superintendent of Police/Superintendent of Police of the concerned district, investigating the case. (2) Depending upon the urgency in the matter owing to imminent threat, the Senior Superintendent of Police/Superintendent of Police of district may pass the interim order for the protection of witness and his family member during the pendency of the application, but the final order shall be passed only by the Competent Authority. (3) The threat analysis report shall be prepared by the Senior Superintendent of Police or Superintendent of Police of district concerned investigating the case and shall make available the threat analysis report to the Competent Authority while maintaining full confidentiality within five working days of receipt of the order issued by the Competent Authority. (4) The Competent Authority may issue the witness protection order by determining the category of witness on the basis of threat analysis report. (5) All the hearings on witness protection application Shall be held in-camera by the Competent Authority while maintaining full confidentiality. (6) Senior Superintendent of Police/ Superintendent of police of concerned districts shall be authorized to provide witness protection by self evaluation of the life danger to witness even without the application. Ex-Post facto sanction of such order regarding witness protection from the Competent Authority must be taken. (7) The witness protection order passed by the Competent Authority shall be implemented by the Witness Protection Cell of the district. Overall responsibility of implementation of witness protection order shall lie on SSP/SP of the concerned district. Provided that if the witness protection order is passed by the Competent Authority for change of identity or relocation, the required measures shall be taken by SSP/SP of district concerned regarding its enforcement. (8) Upon passing of a witness protection order, the Witness Protection Cell shall produce a monthly follow up report before the Competent Authority in prescribed format. (9) The Competent Authority shall review the witness protection order quarterly. If any application is moved in this regard by the witness or police, in such case a fresh threat analysis report may be called for from the SSP/SP. Thereafter, further order shall be passed by the Competent Authority on the basis of Threat Analysis Report.
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