Section 21: Protection to Judges, Counsel, Public Prosecutor, witnesses and persons concerned with Court proceedings

2[21. Protection to Judges 3[,] 4[*] Counsel, Public Prosecutor, witnesses and persons concerned with court proceedings.__ (1) The Court may, subject to the availability of resources, make such necessary orders or take such measures, as it deems fit, within available resources, for the protection of a witness, judge 3[,] 4[*] public prosecutor, counsel and other persons concerned in court proceedings for an offence under this Act, which may also include the following measures— (a) proceedings may be held in camera, or under restricted entry of members of the public, where necessary for the protection of the judge 3[,] 4[*] witnesses or a victim’s family members or to prevent persons from crowding or storming the court to intimidate the judge, 4[*] or to create a threatening atmosphere; (b) The names of judges 3[,] 4[*] counsel, public prosecutor, witnesses and persons concerned with court proceedings shall not be published; and (c) During any inquiry, investigation or court proceedings, wherever the matter of the identification of the accused arises, adequate protection shall be provided to a witness identifying any accused, in order to protect the identity of the witness from the accused. (2) For purposes of protection of the judges 3[,] 4[*] accused, witnesses, prosecutors and defence counsel and anyone concerned with the court proceedings, the Government may adopt such other measures as may be appropriate or may be prescribed 3[and the Armed Forces shall also provide comprehensive protection and security to the judges 3[,] 4[*] accused, witnesses, prosecutors, investigators, defence counsel and all those concerned in the court proceedings]. 1[These measures may include the following, namely: — (a) screens may be used during trial to shield witnesses, Judges and Prosecutors from public view; (b) trial may be held in jail premises or through video link; (c) witness protection programmes may be established by the Government through law or rules. The Provincial Government shall take necessary steps to ensure that prisoners in Jails do not haveaccess to mobile phones.] (3) The Government shall extend protection to a judge 2[,] 3[*] a counsel, public prosecutor and the witnesses during investigation of an offence and proceedings under this Act, and thereafter, as may be considered necessary.] 1[(4) The provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force, including the Qanun-e-Shahadat, 1984 (P.O. No. X of 1984).]

Effective date: 1997-08-16

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