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Section 9: Manner of recording pseudonym and providing suppression of identity in legal proceedings

The Punjab Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Ombudsman and Legal Proceedings) Rules, 2019State Rules of Punjab · 2017

(1) In any legal proceeding where a court, pursuant to clause (a) of sub-section (1) of section 34 of the Act directs, on an application made by a protected person or any other person, that in the interests of justice the proceeding or any part thereof be conducted by suppressing the identity of such protected person, the Registrar of the court shall direct all parties involved to:-

(i) file one copy of the documents bearing the full name, identity and identifying details of the parties concerned before the court, which shall be kept in a sealed cover and in safe custody with the Registrar; and

(ii) serve one copy of documents bearing the full name, identity and identifying details of the parties concerned upon other parties in the proceeding with a requirement to ensure that the full name and identity of the parties concerned are kept confidential.

(2) The Registrar shall provide pseudonyms to protect the persons involved in the legal proceedings in the documents filed before the court in such manner that the identity and identifying details of the protected person involved in the legal proceeding are kept confidential.

(3) The Registrar shall place the sealed covered documents before the court on the first date the legal proceeding is listed for hearing before the court, if so required by the court.

(4) The identities of the protected person involved in the legal proceeding and their identifying details shall be displayed in pseudonym in all documentation generated by the court in relation to the legal proceeding, including listing of the case on the court Board, interim orders and final judgments.

(5) The identity and identifying details of the protected person involved in the legal proceeding shall not be revealed by any person or their representatives including assistants and staff.

Exception: Where in the interest of justice, the name and identity of the protected person needs to be revealed to a third party,it shall only be allowed Section 34(1)(a) 417PUNJAB GOVT. GAZ., AUGUST 2, 2019 (SRVN 11, 1941 SAKA) by an order of the court.

(6) Printing or publishing any matter in relation to the aforementioned legal proceedings in electronic or any other form, shall be lawful only if the same is done by ensuring the suppression of identities of the parties in the legal proceeding.

(7) In any legal proceeding before it under the Act, the court shall comply with data protection measures in accordance with section 11 of the Act.

APPENDIX [See rule 7(2)] Form for making Complaint to Ombudsman

1. Date of Incident ____

2. Place of Incident ____

3. Description of incident _______

4. Person/ Institution responsible for the incident _____ Signature / Thumb Impression of Complainant* Name: Date:

Mobile No./email/Fax/Address:

For Official Use only:

Unique Complaint Number: ____ *Where the complaint is received telephonically and reduced to writing by the Ombudsman, the Ombudsman shall sign the Form.

ANURAG AGARWAL, Principal Secretary to Government of Punjab, Department of Health and Family Welfare.

1826/07-2019/Pb. Govt. Press, S.A.S. Nagar

Where this provision sits

ActThe Punjab Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome Ombudsman and Legal Proceedings) Rules, 2019
Section9
Marginal noteManner of recording pseudonym and providing suppression of identity in legal proceedings
JurisdictionState of Punjab
StatusIn force as published by the source

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