
The Supreme Court of Pakistan on Tuesday ruled that the statement of the accused broadcast on the media was not admissible as it was neither given before a magistrate nor did it meet the legal requirements.
A three-member bench headed by Justice Athar Minallah acquitted the accused in the murder case of a child in Karachi.
The trial court had sentenced the accused to death, while the High Court upheld it on the basis of circumstantial evidence and his confession in a TV interview.
The apex court ruled in its judgment that a confession made by an accused in police custody through the media cannot be used against him unless his statement is recorded in the presence of a magistrate. It is not ordinary thing that a reporter be given access to interview the accused, record statement and release it to the public, it added.
The court noted that in this case, the in-charge and investigating officer of the concerned police station allowed a journalist to interview the accused who was in police custody during his physical remand. It is regrettable that an edited version of this statement was later aired on a private TV channel.
This is not the first case in which such treatment has been adopted with the accused in custody. Such treatment is becoming common and continues without any hindrance, which is a violation of the rights of not only the accused but also the victims. News of a crime always arouses public interest, especially when the case is high-profile or the nature of the crime is of interest to the general public.
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