23
Identity of protected person not to be disclosed in Court Proceedings
Act: Balochistan Witness Protection Act 2016
Section Provisions
ACT IV OF 2016 ACT IV OF 2016 BALOCHISTAN WITNESS PROTECTION ACT, 2016 An Act to provide for protection of witnesses to enable them to give evidence in criminal proceedings in the Province of Balochistan [Gazette of Balochistan Extraordinary, 5th April, 2016] No. PAB/Legis:V(25)/2016, dated 5.4.2016.---The Balochistan Witness Protection Bill, 2015 (Bill No 25 of 2015) having been passed by the Provincial Assembly of Balochistan on 26th March 2016 and assented by the Governor, Balochistan on 29th March 2016 is hereby published as an Act of the Balochistan Provincial Assembly. Preamble.---WHEREAS it is expedient to provide for protection of witnesses to enable them to give evidence in criminal proceedings in the Province of Balochistan and for matters ancillary thereto; It is hereby enacted as follows: 23. Identity of protected person not to be disclosed in Court Proceedings.---(1) Where in any proceedings in a court, tribunal, commission or in any inquiry, the identity of protected person is in issue or may be disclosed, the court, tribunal, commission or inquiry shall, unless it considers that the interest of justice requires otherwise (a) conduct that part of the proceedings that relates to the identity of the participant in camera; and (b) make such order relating to the suppression of publication of evidence given before the court, tribunal, commission or inquiry as, in its opinion, will ensure that the identity of the protected person is not disclosed. (2) Any civil proceedings in which a protected person is a party or a witness, may be proceeded within terms of the laws regulating such proceedings. However, if it appears to a Judge of the court in an application, made to him by the Chief Witness Protection Officer that the safety of any protected person might be endangered by the institution or prosecution of any civil proceedings in which a protected person is a party or a witness, the Judge may make any order as he deems appropriate with regard to the institutions or prosecution or postponement of those proceedings in a manner aimed at (a) preventing the disclosure of the identity or whereabouts of the said person; or (b) achieving the objects of this Act. (3) The address of the Unit shall for all purposes of service of process on a protected person serve as the address of such person.