The Sindh High Court (SHC) on Wednesday directed the home department to submit comments with regard to the framing of rules for the Sindh Witness Protection Law and other requirements provided under the witness protection law.
The direction came on a petition seeking the enforcement of the witness protection law in letter and spirit. Petitioner M Tariq Mansoor said the Sindh Witness Protection Act was enacted in 2013, but since then no serious efforts were made by the provincial government to enforce it.
Mansoor said the provincial government has not initiated a witness protection programme, formed a witness protection board, established a centralized witness protection unit in the home department, appointed or witness protection officers.
He said that in 2014 the federal government had issued a National Action Plan, under which various decisions were taken, including the revamping and reforming of the criminal justice system.
He also said Pakistan is the country that has been worst-affected by terrorism, but no measures have been taken to deal with the criminal proceedings of terrorism suspects. He pointed out that the law and order situation is worsening, with heinous crimes, including snatching, robberies, ransom kidnappings and murders, are increasing in Karachi, but no concrete steps have been taken by the provincial government either to reduce such crimes or to provide protection to witnesses.
I have requested the court to direct the home department to start a witness protection program, set up a witness protection advisory board and a witness protection unit, and appoint witness protection officers. He also requested that the government be ordered to frame the rules for the witness protection act.
Filing comments on the petition, the home department’s focal person said the advisory board and witness protection unit have been established, but the process of forming a committee and appointing witness protection officers cannot be completed because responses are yet to be received from the relevant police department .
He said the draft proposal for the Sindh Witness Protection Rules, 2016, was circulated to the prosecutor general, the Counter Terrorism Department AIG, the law department, the finance department and the Sindh IGP on September 20, 2016, but their replies were yet to be received.
The law department said in their comments that they had vetted the draft rules on September 25, 2014, and a summary was initiated by the home department for seeking onward approval of the government for such rules.
The law department said that it has no information as regards whether these rules were approved and notified by the home department or otherwise. The home department’s focal person sought further time for the finalization of the proposed draft rules, and for consideration of the government to complete other required activities under the witness protection act.
An SHC division bench headed by Chief Justice Aqeel Ahmed Abbasi directed the home department to submit the progress report with regard to the finalization of draft rules for the witness protection law and other required programs on the next date of hearing.
Under the programme, the provincial government is required to constitute witness protection units for the protection and safety of witnesses, and allow them to conceal their identities.
The government is also required to provide them accommodation and reasonable financial assistance for obtaining a means of livelihood, and give compensation to their legal heirs if a protected person is killed due to their participation in the program.
