Witness Intimidation and Other Issues Related to Witnesses in Criminal Justice System of Pakistan

Abstract

Witnesses are important stake holders in criminal justice system because they assist the court in reaching a just conclusion of a case. The situation of witnesses and their welfare, however, is not satisfactory in Pakistan. There are growing cases of witness intimidation in recent history of Pakistan where witnesses of high-profile cases were subject to intimidation. Witnesses of Benazir Bhutto murder case, Wali Khan Babar murder case, Sabeen Mahmood case, Naqeebullah Mehsud case was either killed, or threatened due to which the courts were failed to convict the accused. Witness intimidation refers to the practice of causing actual physical harm, extending threats, damaging property etc. Due to this situation witnesses show lack of interest in investigation and judicial process. Apart from intimidation witnesses face several other issues such as bearing expenses of travelling to court, lack of facilities in court premises, unnecessary adjournments, unlimited cross-examination, unfit memory, psychological pressure of confrontation with accused etc. All these issues directly or indirectly effect the trial and resultantly the judiciary fails to meet the ends of justice. This situation can be made better if state authorities realize the sensitivity of the situation and if they are willing to act upon all or any of the suggestions and recommendations given in the article.