Islamabad: The Supreme Court (SC) has observed that a confessional statement made by an accused to the media while in police custody holds no legal value unless it is properly recorded before a magistrate.
A three-member bench of the SC, headed by Justice Athar Minallah, gave this ruling while acquitting an individual charged with the murder of a child in Karachi.
The apex court set aside the conviction after noting that the confession used against the accused was made under police custody and not before a magistrate, rendering it inadmissible.
Earlier, the trial court had sentenced the accused to death based on this confession.
SC maintained in its decision that the confessional statement of such accused recorded through media under police custody cannot be used against him unless his statement is recorded in the presence of magistrate. It is not ordinary matter that some reporter be allowed to take interview of the accused under custody of police.
The court while expressing sorrow said that amended part of the statement of the accused was telecast at private TV channel later which runs contrary to court’s requirements and norms of justice.
In this case, Incharge of respective police station and investigation officer allowed a journalist to take interview of the accused under police custody during physical remand.
SC further said in its decision that recording the statement of the accused and then spreading it among people is not only violation of criminal act but it also impacts directly the right of fair trial of the accused.
The court identified that the incharge of the respective police station and investigation officer allowed a journalist to take interview of the accused which does not fall in the ambit of law at any cost.
Sindh High Court too had upheld this decision of trial court in this case and accepted the tv interview of the accused as confessional statement The SC rejected this basis and issued order to acquit the accused.
