Gulam Rabbani :
Witness and evidence are the most important parts of a trial proceeding in a case. But the witnesses are facing obstacles randomly in our society as there is no specific provision or law for the safety of the witnesses in criminal cases.
In our country, it is seen that in most of the cases involving rich and influential persons, important witnesses turn hostile. Witnesses often get threats, intimidation and harassment from the accused for preventing them from giving their evidence. Our legal framework to tackle such situation is inadequate.
A three member Committee of the Bangladesh Law Commission headed by Justice Mostafa Kamal as Chair in fact, recommended for a new law to enact towards protection of victims and witnesses along with their rights and privileges as early as 2006 and also a Bill on the subject for the Parliament was drafted for consideration and enactment as a new law.
However, statistics of the Law Commission reveals that a second report was also submitted in 2011, but the same has not been enacted.
A Bench of the High Court Division of the Supreme Court in 2015 directed the government to take necessary steps to
enact a law for the security of the witnesses of criminal cases in order to ensure that witnesses appeared before courts without fear. And for the reason criminal cases could be disposed off quickly.
The Bench asked the secretaries of the Home Ministry and Law Ministry to include necessary rules in the relevant law so that the Public Prosecutors and Police remain accountable for absence of witnesses. But the direction is unheeded yet.
It is observed that even though many witnesses go to the court at their own cost, but they don’t testify for insecurity. Again many times it is also seen that the date of testimony is changing frequently and for that reason the witnesses lose their eagerness to give testimony.
In many cases the addresses of many witnesses change as the trial begins after a lengthy investigation into the cases. Again many government officials who are witnesses of many cases are not found even after being summoned as they have to change their workplaces.
Supreme Court lawyer Khurshid Alam Khan said, “Witness Protection Law is very necessary in our country for the protection of witnesses. However, I do not think that the case is being delayed because of that. We see that many big cases are being tried regularly. But if the law is enacted there would have been more speedy trials.”
It is necessary to ensure that the persons participating in the legal process are out of fear and undue influence, so that justice can be established added the lawyer.
