Daily Times

In a welcome move, the provincial assembly has passed the Punjab Witness Protection Bill 2018. This is an important measure in the struggle to better deliver criminal justice.

The Bill pays particular attention to those giving evidence in terrorism-related cases as well as those pertaining to sexual offences. At its core, the Bill provides for the creation of a Witness Protection Board. This would be tasked with formulating policy and overseeing implementation. In addition, it envisages two witness protection units dealing with terrorist and other grave offences, respectively.

The latter would asses, among other things, whether a victim or any other individual related to a case requires protection, including, but not limited to: safe-houses; temporary or permanent relocation; change of identity; concealment of identity for the duration of criminal proceedings; as well as financial assistance where necessary.

One particular provision stands out, concerning minors. For, here, the Bill stipulates that if an individual connected to either a terrorist or sexual offence is underage — the media must refrain from disclosing their or their families’ identity. This is right and just. Yet the Bill remains silent on the issue of a minor needing parental consent before giving evidence.

This is an important question, particularly in light of the fatal drive-by-shooting in London this week of Abraham Badru. The young black graduate took to the stand back in 2007, when he was just 14-years-old. He had rescued a young girl, also 14, from a violent gang-rape. Police said that without his intervention — the victim would most probably not have survived. Being a minor, his mother was asked for parental consent to allow him to testify. This she gave, fearing that to do otherwise would lead to charges of perverting the course of justice. And while the victim was afforded a new identity, Badru was not; though the police did relocate he and his mother within the same area. More than 10 years later, after he moved back to London, someone linked to the gang-rape spotted him and the rest is tragic history. The Badru case therefore raises pertinent questions relevant to the Pakistani context.

Finally, this new legislation may be good news for those who fall foul of this country’s draconian blasphemy laws. Thus it is hoped that the Bill recognises the importance of witness protection when it comes to fending off such potentially deadly accusations. In fact, we at Daily Times, are willing to go out on a limb and say that this will be the ultimate litmus test for the Bill. We hope that the Witness Protection Board will do the needful.  *

Published in Daily Times, May 18^th 2018.