Around 13 years after its enactment, the Sindh government is going to amend its witness protection law in line with “best international practices”, officials informed the Sindh High Court.
The information was submitted before the SHC, which was hearing a petition about the non-framing of rules to implement the Sindh Witness Protection Act, 2013. The Sindh Witness Protection Act has remained largely unimplemented since the provincial assembly passed it, and the court has repeatedly expressed resentment over the delay.
Sindh Witness Protection Act: a 13-year wait for rules
The petition was filed in 2023 seeking proper implementation of the law. Since then, the SHC has been issuing directives and expressing serious resentment against the authorities over the inordinate delay in taking the necessary steps.
At the last hearing, the SHC had expressed resentment over the non-implementation of the law despite the lapse of more than a considerable period, and summoned the secretaries of the home and law departments.
At the outset of the latest hearing, Law Secretary Saeed Ahmed Shaikh and Additional Home Secretary Javed Ahmed Abro filed a statement and compliance report. They stated that the statutory machinery envisaged under the law had already been established and made functional, including the constitution of the witness protection advisory board and the witness protection unit, along with a committee to assist the unit.
The statement also maintained that witness protection officers had been notified in all districts of the province, and that the unit had remained functional, extending protection and assistance in all matters where applications or court orders had been made.
Rules after amendments, officials say
A two-judge constitutional bench of the SHC headed by Justice Yousuf Ali Sayeed, in its order, said Section 29 of the Act, which confers the rule-making power on the government, merited consideration.
“On that subject, while it had earlier been submitted on preceding dates that certain draft rules were under vetting and consideration, it has now been stated that the home department is in consultation with the law department, to review the Act and propose amendments as per international best practices, whereafter the rules would be framed thereunder,” the bench’s order added.
Adjourning the hearing till Nov 12, the bench directed the petitioner to come prepared to address whether, in view of Section 29’s wording, it is incumbent upon the government to frame rules, and whether any material or substantive provisions of the Act are presently rendered ineffective or redundant in their absence.
Tariq Mansoor Advocate had petitioned the SHC in 2023, citing the home and law departments, the inspector general of Sindh police and the prosecutor general of Sindh as respondents. He submitted that the law was enacted in 2013 to protect witnesses, but the respondents had made no positive efforts for its proper enforcement, including the framing of rules. He also asserted that neither the requisite funds to set up a witness protection unit had been released nor was the law properly implemented.
The provincial assembly had passed the Sindh Witness Protection Act, 2013 to provide absolute government security to witnesses in criminal cases, including life protection, reasonable accommodation, financial assistance, and compensation to the legal heirs if the protected person is killed or dies during the process.
The 13-year gap between enactment and implementation is striking. The Act was passed in 2013, yet no rules were framed for a decade. A citizen petition in 2023 forced the issue into court, and the SHC has since summoned top officials. Now the government says amendments must come before rules, with the next hearing fixed for Nov 12.
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Source: Dawn
What is the Sindh Witness Protection Act, 2013?
It is a provincial law passed to give government security to witnesses in criminal cases, including life protection, accommodation, financial assistance, and compensation to legal heirs if a protected person is killed or dies.
Why is the government amending it now?
Officials told the Sindh High Court the home department is consulting the law department to review the Act and propose amendments in line with international best practices, after which rules will be framed.
Who filed the petition?
Advocate Tariq Mansoor filed the petition in 2023, arguing that despite the 2013 enactment, the authorities made no positive efforts to enforce the law or frame rules.
When is the next hearing?
The SHC adjourned the matter till Nov 12, directing the petitioner to address whether the government is bound to frame rules under Section 29 and whether the Act’s provisions stand ineffective without them.
