Sindh High Court issued Directives on Witness Protection and Trial Proceedings --- The Court Endorsed the Use of Digital Means

Islamabad 13-05-2024: While deciding case [Crl. Bail Application No. 2455 of 2023] pertains to an instant bail application seeking post-arrest bail in a murder case. The applicant/accused contends that the delay in concluding the trial is primarily caused by the failure of material witnesses to appear before the trial court, attributed to inadequate protection and coercive measures by the prosecution. Mr. Justice Salahuddin Panhwar of The High Court of Sindh, Karachi issued directions to ensure witness protection and advising the prosecution to approach witnesses with assurances rather than resorting to coercive measures. There were concerns raised regarding the invocation of Sections 87 and 88 of the Criminal Procedure Code against witnesses, potentially leading to distress and harassment. 

Examination of data revealed a significant number of cases where proceedings under Sections 87/88 Cr.P.C. were initiated against witnesses, indicating systemic issues within the Criminal Justice System. The court emphasized the need for the establishment of the Witness Protection Advisory Board and the Witness Protection Unit as mandated by the Sindh Witness Protection Act, 2013. The court endorsed the use of digital means for recording witness testimony to enhance safety, convenience, and efficiency in trial proceedings. The court directed relevant government authorities to comply with the establishment of witness protection mechanisms within a specified timeframe.

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