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ISLAMABAD, Jul 08 (APP):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.
The court said that the extraordinary public interest in such cases can lead to a media trial and its consequences can be irreparable not only for the accused but also for other victims.
The court also noted that the media has immense power and capacity to create narratives which can be true or false. This capacity can also lead to ruining the lives of the accused and their family members and causing irreparable damage to their reputation.
It said that the media has the unique power to make someone a hero or a villain, intentionally or unintentionally, and such power can be misused in a society where the state suppresses freedom of expression and controls the media.
The judgment said that the media has a responsibility to strictly adhere to ethical codes so as to strike a balance between the rights of the accused and the public interest. It said that the criminal justice system must ensure the right to a fair trial in every case. Every accused is presumed innocent until proven guilty in a fair trial by a competent court.
The court said that the statement of the accused broadcast on the media was not admissible because it was neither given before a magistrate nor did it meet the legal requirements. Such a move may have been taken to show off or to cope with public pressure, but it was in no way in the public interest.
The Supreme Court Office is directed to send a copy of this decision to the Secretary, Ministry of Interior, Secretary, Ministry of Information and Broadcasting, Chairman, PEMRA, and Provincial Chief Secretaries so that in the light of the observations given in this decision, they can take appropriate and immediate steps which are necessary to protect the rights of the parties to criminal cases and the transparency of the investigation and trial.
The court, while pronouncing the decision of the case, acquitted the accused.