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LHC bans custodial confessions on air

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Court emphasized that now is the right time for regulatory authorities to control media practices

LAHORE (Muhammad Ashfaq) – The Lahore High Court (LHC) on Saturday imposed a ban on interviewing detainees in Punjab and on law enforcement agencies, including the police, from releasing any confessional statements to the media.

The court clarified that legal detention of an accused does not strip them of their fundamental rights. Justice Ali Zia Bajwa ruled that forced or publicized confessions are not justice, but injustice. No law enforcement agency is allowed to facilitate a media person in interviewing someone in custody.

In a detailed 11-page written verdict issued on a petition filed by Vishal Shakir, Justice Bajwa stated that interviews of detainees not only affect the fairness of trials but also violate the dignity and future of the accused. Any violation of this ruling will be treated as misconduct, and the responsibility will lie directly with the head of the investigating agency.

The court emphasized that now is the right time for regulatory authorities to control media practices. It condemned the practice of media personnel accompanying law enforcement at checkpoints and subjecting citizens to public humiliation. Justice Bajwa asserted that while institutions have every right to act against lawbreakers, no one has the right to compromise a citizen’s dignity in the name of media coverage or popularity.

The petitioner had filed the case under Article 199 of the Constitution, expressing serious concern over the character assassination and violation of dignity of detainees through media exposure. Reports were submitted by various departments including the police, excise, and FIA. The Advocate General of Punjab acknowledged that such interviews damage not only the dignity of the accused but also weaken the prosecution’s case.

These practices raise serious legal and ethical questions and are troubling for the criminal justice system.

Justice Bajwa reiterated that a person’s dignity is inviolable and does not end at the police station door. Legal arrest does not strip a person of constitutional rights. Publicizing forced confessions is injustice, not due process. The Constitution guarantees every citizen respect and fair treatment under the law. The responsibility lies with state institutions to safeguard these rights.

The decision also noted that detainee interviews amount to media trials, where public opinion is manipulated to declare someone innocent or guilty before any court ruling. Such actions compromise both the accused’s right to a fair trial and their privacy. Investigating officers who allow such interviews will be held accountable for misconduct.

The court emphasized the delicate balance between freedom of the press and the rights of the accused. While media is free to report ongoing trials and investigations accurately, this freedom is not absolute. Ultimately, the court imposed a province-wide ban on interviews of detainees and on releasing any custodial confessions to the media.

 

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