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Finding the security and safety of witnesses “necessary”, a special National Investigating Agency (NIA) court in Chandigarh has categorised 26 witnesses in the Sector 10 grenade blast case as “protected” and ordered to keep their identity “secret”.
The NIA has moved an application through its Special Public Prosecutor Lokesh Narang for the protection of a witness as per Section 44 of the Unlawful Activities (Prevention) Act (UAPA), 1967, read with Section 17 of the NIA Act, 2018.
Hearing the plea, the court said, “Since security and safety of witnesses are necessary, their identities are required to be kept secret; therefore, this request of the prosecution is hereby allowed.”
“26 witnesses are categorised as protected witnesses…Further, the documents connected to these witnesses are also ordered as protected documents,” the court said.
Meanwhile, the court also allowed another NIA application, demanding a proclamation against Shamsher Singh, alias Shera, alias Honey, under Section 84 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), noting that “accused Shera’s whereabouts are not known and his presence cannot be secured through the ordinary way of service”.
On October 31, the NIA counsel told the court that the proclamation against Shera got effected by way of publication in newspapers. “A proclamation under Section 84 of the BNSS is an official court order, requiring a person to appear in court when a warrant for his arrest has been issued, but cannot be executed because he has absconded or is concealing himself”.
The court on Friday also allowed an NIA application, seeking open open-dated non-bailable warrant of arrest against accused Harwinder Singh, alias Rinda.
“It is evident that the investigating officer has made sincere efforts to locate him to serve notices upon him at his residential address through the Punjab Police, the Maharashtra Police and the National Investigating Agency. He was not available at his address, and is reported as absconding,” the court noted.
“Let open open-dated non-bailable warrant of arrest be issued against accused Harwinder Singh, alias Rinda,” the NIA court ordered and adjourned the matter for November 4.
The NIA has already filed a chargesheet in the Sector 10 grenade blast case against four accused, including US-based gangster-turned-Khalistani Harpreet Singh, alias Happy Passia, and Pakistan-based terrorist Harwinder Singh Rinda, who allegedly orchestrated the attack from abroad.
The NIA also charged Rohan Masih and Vishal Masih, who are accused of hurling a grenade on the instructions of their foreign handlers. However, the names of Kuldeep Kumar (an auto driver), Amarjit Singh and Akashdeep Singh, who were earlier arrested in connection with the case, have been dropped from the chargesheet due to a lack of evidence.
The incident took place on September 11 last year, when a hand grenade was thrown at a house in Sector 10 D.
The UT Police initially investigated the case and then transferred it to the NIA due to its suspected links to cross-border terrorism.
According to the chargesheet, Rohan Masih and Vishal Masih carried out the attack after conducting a recce of the area. The grenade was thrown in the courtyard of the house, allegedly targeting a retired Punjab Police officer, whom the attackers believed was residing there on rent.
Harpreet Singh later claimed responsibility for the explosion.
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