Islamabad: Supreme Court (SC) has remarked confessional statement given by the accused through media under police custody is not acceptable unless it is recorded before magistrate.
A 3-member bench of SC presided over by Justice Athar Minallah acquitted an accused arrested in murder case of child in Karachi on this basis .
Trial court had awarded death sentence to the accused
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.