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Monday April 29, 2024

SHC seeks comments on plea for enforcement of witness protection law

By Jamal Khurshid
April 06, 2024
The Sindh High Court building in Karachi. — Facebook/The High Court of Sindh Karachi/File
The Sindh High Court building in Karachi. — Facebook/The High Court of Sindh Karachi/File 

The Sindh High Court (SHC) on Friday directed home and law department secretaries to file their comments with regard to enforcement of the witness protection law.

Petitioner M. Tariq Mansoor submitted that the Sindh Witness Protection Act was promulgated in 2013 but since then, no serious efforts were made by the provincial government for the enforcement of the law.

He submitted that the provincial government did not take steps for the implementation of the Act, such as initiation of a witness protection programme, formation of a witness protection board, establishment of a centralised witness protection unit in the home department and appointment of chief witness protection officers.

The petitioner said the federal government had also issued a National Action Plan in 2014 under which various decision were taken, including revamping and reforming the criminal justice system.

He submitted that Pakistan was the country worst affected by terrorism but no measures had been taken to deal with the criminal proceedings of terrorism suspects.

He said that situation of law and order situation was worsening and heinous crimes, including snatchings, robberies, kidnappings for ransom and murders, were increasing in Karachi while no concrete steps had been taken by the Sindh government either to reduce such crimes or to provide protection to witnesses.

The high court was requested to direct the home department to start a witness protection programme, set up witness protection advisory board and witness protection unit, and appoint witness protection officers.

The petitioner also requested the SHC to direct the provincial government to frame rules for the Sindh Witness Protection Act. The provincial law officer and deputy prosecutor general requested time to seek instructions and file detailed comments as well as a progress report.

A division bench, headed by Chief Justice Aqeel Ahmed Abbasi, directed the provincial law officers to file comments and a progress report on the witness protection law. The court observed that it is expected that necessary steps required under the Sindh Witness Protection Act 2013 with particular references shall be made and compliance shall be furnished.

It also observed that in case of failure to comply with the instructions, the secretary law and home shall appear before the court on the next date of hearing. Under the witness protection programme, the provincial government was required to constitute witness protection units for protection and safety of witnesses, allow them to conceal their identity, provide accommodation and reasonable financial assistance to them for obtaining a means of livelihood, and give compensation to their legal heirs if a protected person was killed due to his participation in the programme.