The document discusses the importance of witnesses in the criminal justice system and the need for a witness protection program in Punjab. It notes that witnesses often do not testify or retract their statements due to intimidation or threats. The draft Punjab Witness Protection Act of 2011 would establish a witness protection section to provide protective measures like new identities or relocation. The act outlines inclusion criteria, protections for judges and procedures, and penalties for violating witness protections. Overall, the document advocates for enacting the law and establishing a witness protection program in Punjab.

2. WITNESS PROTECTION PROGRAMME
IN PUNJAB
By
10 Dec 2011 B.A.NASIR
DIG Establishment

3. SEQUENCE
33
 Importance of Witnesses in CJS.
 Why witnesses do not testify or retract their statements ?
 Need for Witness Protection Law.
 Witness Protection Methods.
 Witness Protection Issues.
 Punjab Witness Protection Act 2011.
 Way Forward.

4. Importance of Witnesses
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 Witnesses are the cornerstones of successful Criminal
Justice Systems.
 Witness is an indispensable aid in the justice dispensation
system. They are the “eyes and ears of justice”.
 Protection of witnesses from intimidation or threats due to
cooperation with law enforcement or judicial authorities is
critical to the maintenance of the rule of law.
 Witness protection programs are a key tool in dismantling
the organized crime networks.

5. Importance of Witnesses
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 Criminal Justice System does not work fluently to result
in prompt determination of guilt or innocence of accused.
 Prosecution witnesses retract from statements made
earlier to the police or turn hostile in the Court.
 Witnesses turn hostile in cases involving heinous crimes
or high profile personalities due to external pressures.
 Witnesses protection issues came under scrutiny after
acquittal of hard core terrorists.

6. Why Witnesses do not Testify or retract their
Statements ?
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 Police do not record the statements correctly.
 Police record the statements correctly but were retracted
by the witnesses because of “intimidation and other
methods of manipulation”.
 Protracted trials. Several dates for cross examination of
witnesses resulting in frustration.
 Unsympathetic attitude of the police.
 Corruption in all segments of Criminal Justice System
 Absence of Witness Protection Programme.

7. Witnesses Protection Law - Need of the Hour
77
 No comprehensive law for the protection of witnesses in
Pakistan. Sec. 21 of ATA 1997 and article 146 & 148 of
Qanoon-e- Shahdat Order 1984 which protect the
witnesses from being asked indecent, scandalous,
offensive, annoying or insulting questions.
 Witness Protection Laws exist in almost all the developed
countries and number of developing countries.
 Need to draft and promulgate and implement Witness
Protection Law.

8. Witnesses Protection Methods
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 Target Hardening:
 Temporary change of residence to a relative’s house or a
nearby town;
 Close protection, regular patrolling around the witness’s
house, escort to and from the court and provision of
emergency contacts;
 Arrangement with the telephone company to change the
witness’s telephone number or assign him or her an
unlisted telephone number;

9. Witnesses Protection Methods
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 Target Hardening:
 Monitoring of mail and telephone calls;
 Installation of security devices in the witness’s home (such
as security doors, alarms or fencing);
 Minimizing of public contacts with uniformed police;
 Provision of electronic warning devices;
 Provision of mobile telephones with emergency numbers;
 Use of discreet premises to interview and brief the witness.

10. Witnesses Protection Methods
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 Procedural Witness Protection
 Use of a witness’s pretrial statement instead of in-court
testimony;
 Testimony via closed-circuit television or videoconferencing;
 Voice and face distortion;
 Removal of the defendant or the public from the courtroom;
 Partial or fully anonymous testimony (use of pseudonym).
 Presence of an accompanying person for psychological
support;

11. Witnesses Protection Methods
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 Self Protection
In absence of an established WPP, refusal of the witness to
enter witness protection or lack of eligibility criteria:
 witnesses may be offered support to look after their own
protection.
 in cases of low threat, a lump-sum payment may be offered
to witnesses to assist them in their own resettlement.

12. Witnesses Protection Methods
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 Self Protection
 Respective authorities may facilitate and assist with the
move without any responsibility.
 No formal agreement or memorandum of understanding
between the parties.
 Authorities focus on instilling in witnesses a feeling of
security.

13. Witnesses Protection Issues
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 Balancing of the interests of the prosecution in protecting
the witness and the rights of the accused.
 Importance of an open trial.
 Rights of the accused in knowing who is testifying against
him
 Section 512 of Cr.PC gives few exceptions if the accused
is not available or has absconded and cannot be found by
reasonable means, then the court can order the witnesses
to testify in the absence of the accused.

14. Witnesses Protection Issues
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 Costs of implementation and infrastructure for Witness
Protection Programme.
 Careful selection of cases that merit protection like: high
profile, communally charged, involving drugs or organised
crime syndicates or cases involving grave offences and
terrorism cases.
 Corruption in all segments of Criminal Justice System-
vulnerabilities of protected witnesses (false identities,
relocation etc)

15. Punjab Witnesses Protection Act 2011 - DRAFT
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 A basic draft of Punjab Witness Protection Act 2011 has
been prepared.
 Provincial Police Officer, Punjab to establish Witness
Protection Section in the Police Department.
 PPO,CPO or DPO to decide the witness and the kind of
witness protection measures needed.
 District & Sessions Judge to approve the protective
measures on the request of concerned officer.

16. Punjab Witnesses Protection Act 2011 - DRAFT
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Witness Protection Measures (Sec.3).
 Protective Measures may include the following;
o making arrangements necessary:
 to allow the witness to establish a new identity; or
 otherwise to protect the witness;
o relocating the witness;
o providing accommodation for the witness;
o providing transport for the property of the witness;
o providing reasonable financial assistance to the witness;
o permitting any person involved in WPP to use an assumed name
in carrying out duties and to have supporting documentation.

17. Punjab Witnesses Protection Act 2011 - DRAFT
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Witness Protection Measures (Sec.3).
o doing any other things necessary to ensure the safety of the
witness;
o taking any of the steps for a foreign witness present in Punjab
pursuant to an agreement between Pakistan and a foreign State
relating to witness protection.
o PPO,CPO or DPO shall not obtain documentation for a witness
participating in WPP that represents that the participant has a
qualification that he or she does not have, or is entitled to a benefit
that he or she is not entitled to;

18. Punjab Witnesses Protection Act 2011 - DRAFT
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Parameters for Inclusion the in WPP (Sec.4)
 Seriousness of the offence to which the statement or evidence of
the witness relates;
 Nature and importance of that statement or evidence;
 Nature of the perceived danger to the witness;
 Nature of the witness’s relationship to any other witness being
assessed for inclusion in the programme;
 Results of any psychological or psychiatric examination or
evaluation of the witness conducted to determine his or her
suitability for inclusion in the programme;

19. Punjab Witnesses Protection Act 2011 - DRAFT
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Parameters for Inclusion the in WPP (Sec.4)
 Are there any viable alternative methods of protecting the witness;
 Whether the witness has a criminal record, particularly in respect of
violent crime, which indicates a risk to the public if he or she is
included in the programme.
A witness shall not be included in a Witness Protection Programme
unless the witness, or a person legally responsible for the person,
agrees in writing to be included in the programme.

20. Punjab Witnesses Protection Act 2011 - DRAFT
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Protection of Judges, Counsels, Prosecutors & Persons
concerned with Court Proceedings (Sec. 6)
 The Court may order such measures for the protection of a
judge, public prosecutor, counsel and other persons
concerned with the proceedings for an offence, which may
also include the following :
 In-camera proceedings or restricted entry to prevent crowding or
storming of the court to intimidate the judge or to create a
threatening atmosphere;
 Non-publication of names of judges, counsel, public prosecutor,
witnesses and persons concerned with court proceedings;

21. Punjab Witnesses Protection Act 2011 - DRAFT
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Protection of Judges, Counsels, Prosecutors & Persons
concerned with Court Proceedings (Sec. 6)
 During any inquiry, investigation or court proceedings, in matter of
the identification of the accused , adequate protection to a witness
to protect the identity of the witness from the accused.
 PPO,CCPO,CPO or DPO to take appropriate measures for the
protection of the judges, accused, witnesses, prosecutor, defence
counsel and anyone concerned with the court proceedings during
investigation of an offence and the judicial proceedings.

22. Punjab Witnesses Protection Act 2011 - DRAFT
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Termination of Witness Protection Assistance (Sec.7).
 Protection and assistance provided under the Witness Protection
Programme may be terminated by PPO,CPO,DPO if the participant
requests in writing that it be terminated; and
 May be terminated in writing by PPO,CPO or DPO, if:
• witness deliberately breaches a requirement or undertaking
relating to the Witness Protection Programme;

23. Punjab Witnesses Protection Act 2011 - DRAFT
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Termination of Witness Protection Assistance (Sec.7).
• witness’s conduct or threatened conduct, in the opinion of
PPO,CPO,DPO, is likely to threaten the security or compromise
the integrity of the witness protection programme; or
• circumstances, that gave rise to the need for protection for the
witness, have ceased to exist and keeping in view the
circumstances of the case the PPO,CPO or DPO is of the
opinion that,, the protection should be terminated.

24. Punjab Witnesses Protection Act 2011 - DRAFT
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Restoration of former Identity (Sec.9).
PPO,CPO or DPO, if consider it appropriate to do so, take such
action as is necessary to restore the former identity of a person
whose protection and assistance under WPP has been terminated
in case the participant requests in writing that it be terminated.

25. Punjab Witnesses Protection Act 2011 - DRAFT
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Certain Persons not to Disclose Information (Sec.10).
 Except under the orders of court, a person who acquires information
in the ordinary course of official duties relating to the administration
of the WPP, shall not be required in any proceedings in any court,
tribunal or commission of inquiry, however described, to:
 produce any document; or
 divulge or communicate any matter or thing, relating to the
performance of his or her duties in connection with WPP.

26. Punjab Witnesses Protection Act 2011 - DRAFT
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Provision of Information to Competent Authorities (Sec.11).
 A person who has been provided with a new identity or relocated
under this Act; and
 PPO,CPO or DPO, is notified by a competent authority that the
person is under investigation for, or has been arrested for or is
charged with a serious offence, they may:
 release to that authority the new identity or location of the
person;
 provide that authority with the criminal record and fingerprints of
the person;
 release to that authority such other information as PPO,CPO or
DPO considers appropriate in the circumstances; and
 otherwise cooperate with that authority.

27. Punjab Witnesses Protection Act 2011 - DRAFT
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Offences Relating to Witness Protection (Sec.12).
 No person shall, except in accordance with this Act, disclose
information:
o about the identity of a person who is or has been a witness included
in the WPP; or
o that compromises the security of such a person.
Penalty: fine up to five million rupees, or imprisonment for a period not
exceeding 10 years, or both.

28. Punjab Witnesses Protection Act 2011 - DRAFT
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Offences Relating to Witness Protection (Sec.12).
 No person who has participated in the WPP shall, either directly or
indirectly, disclose or communicate to another person:
o Information relating to anything done by the PPO,CPO or DPO or
any police officer under this Act; or
o Information about any police officer gained by the person as a result
of anything done under this Act.
 Penalty: fine up to five million rupees, or imprisonment for a period not
exceeding five years, or both.

29. Punjab Witnesses Protection Act 2011 - DRAFT
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Offences Relating to Witness Protection (Sec.12).
 This does not apply to any disclosure or communication:
o that has been authorised by the PPO,CPO or DPO.
o that is necessary to comply with an order of the competent court.
 A person in respect of whom an entry is made under this Act in a
register of births, register of deaths or register of marriages shall not,
while the entry remains in force, use or obtain any document that is
based on the previous entry.
 Penalty: fine up to one million rupees, or imprisonment for a period not
exceeding five years, or both.

30. Punjab Witnesses Protection Act 2011 - DRAFT
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Offences Relating to Witness Protection (Sec.12).
 A witness who has been provided with a new identity under a witness
protection programme shall not marry using the new identity unless;
o the witness is of marriageable age;
o if the witness has been married previously to another person, the
witness is now divorced from that other person, or that other person
has died; and
o there is no legal impediment to the marriage.
 Penalty: fine up to five million rupees, or imprisonment for a period not
exceeding seven years, or both.

31. Punjab Witnesses Protection Act 2011 - DRAFT
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Rules Making by PPO (Sec.14).
 PPO, with the approval of the Provincial Government, may by
notification in the official gazette, make rules for carrying into effect the
provisions of this Act.
 For direction and control, PPO may issue standing orders not
inconsistent with the Act or rules made hereunder for the efficient
functioning of the Witness Protection Programme.

32. WAY FORWARD
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 Enactment and promulgation of Punjab Witness Protection Act
2011, after getting input from all the stakeholders.
 Appointment of a focal person to establish Witness Protection
Section (WPS) in Punjab Police.
 Preparation of PC-1 to establish the WPS.
 Provision of necessary budgetary support.
 Hiring of requisite staff for WPS.
 Provision of necessary logistic support to the WPS.

33. WAY FORWARD
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 Training of all the stakeholders in the Criminal Justice
System about the Witness Protection Programme.
 Inauguration of the Witness Protection Programme.
 Monitoring of the implementation of Witness Protection
Programme by a high level committee, headed by PPO,
with representation from all the stakeholders in CJS.
 Quarterly review of the progress made in the
implementation of WPP and submission of report to the CM.

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THANKS