The Supreme Court (SC) declared confessional pronouncements by individuals in police custody and broadcast by media outlets as inadmissible evidence. This landmark ruling came during a judgment by a three-judge panel led by Justice Athar Minallah in a Karachi child murder case. The top court overturned the death sentence, upheld by the High Court based on circumstantial proof and a televised admission, acquitting the defendant.
The SC emphasized that admissions made during police detention are only valid if recorded before a magistrate. The bench voiced apprehensions about the increasing practice of reporters interviewing defendants during remand, potentially swaying the legal proceedings. In this instance, the station house officer and investigating officer permitted a journalist to question the accused while in custody, with the edited confession airing on a private television network.
The court stressed that this wasn”t an isolated occurrence and such instances are rising, jeopardizing the rights of both the accused and victims. High-profile crimes attract significant public scrutiny, escalating the possibility of media trials. Rampant media involvement can lead to skewed narratives, damaging the reputations and lives of the accused and their relatives.
The verdict highlighted the media”s ability to shape public perception, a power that can be exploited, especially in environments with restricted press freedom. Maintaining ethical standards is crucial for balancing the rights of the accused with public interest. Reaffirming a core principle of criminal justice, the court stated that everyone is presumed innocent until proven guilty through due process. The televised confession was deemed invalid because it lacked magisterial oversight and didn”t adhere to legal protocols. Airing the confession, possibly driven by a need to showcase performance or appease public sentiment, didn”t uphold public interest.
The apex court has directed its office to send copies of the ruling to the Interior and Information Ministries, PEMRA, and provincial Chief Secretaries, urging prompt measures to safeguard the rights of parties in criminal proceedings and maintain transparency in investigations.