LHC bans interviews of suspects, bars recording videos of accused
Pakistan
Justice Ali Zia Bajwa remarked that in Kasur incident, it came to light that the SHO was involved.
LAHORE (Muhammad Ashfaq) - The Lahore High Court (LHC) has put a ban on the interviews of under-custody suspects and also bared traffic wardens and DG Excise from recording videos of accused and making them viral.
LHC's Justice Ali Zia Bajwa while hearing Wishal Shakir's contempt of court petition against conducting interviews of under-custody suspects remarked that if the court order is violated, action will be taken against the SP of the concerned division.
Justice Ali Zia Bajwa asked court assistant Muhammad Ashfaq and Shadab Riaz to submit a response by April 29. The court while stopping the IG Punjab, DG Excise and CTO from conducting interviews of the detained suspects, remarked that if this happened, action will be taken against the SP concerned.
The court also sought a written response from the police, Advocate General Punjab and DG Excise regarding the policy.
Justice Ali Zia Bajwa asked court assistant Muhammad Ashfaq whether a journalist can force someone to answer. Ashfaq replied that a journalist's job is to ask questions and if someone does not want to answer, then it is his right.
The CTO informed the court that I was going to a meeting when Muhammad Ashfaq stopped me for some talk. To this, Muhammad Ashfaq replied that I wanted to talk to you because people should know about the positive steps taken by the traffic police. Advocate General Punjab Amjad Pervez took the stand that Ashfaq is a senior court reporter and president of the Court Journalists Association.
The court inquired whether a journalist, standing on the road, can ask someone why they did not wear a helmet. Muhammad Ashfaq replied that the police officers themselves call the journalists to conduct the programme. He said that crime reporters are also responsible journalists. The police officers catch the accused and stand with them for pictures. The Prosecutor General said that this matter is about ratings, the police do it to increase their ratings.
A private TV channel videos of interviews of under-custody suspects were played in the court. The court expressed displeasure over the obscene thumbnail of the videos. The Prosecutor General of Punjab said that this is a clear violation of the law.
The court remarked that if this accused gives any statement, it could become a problem for the prosecution. If this accused is acquitted by the court, what would be his future, the court questioned. The Prosecutor General said that such interviews are a punishment not only for the accused but also for his entire family.
The court said that the NAB law also states that the details of the inquiry and investigation will not be made public.
Justice Ali Zia Bajwa remarked that in the Kasur incident, it came to light that the SHO was involved in it and asked the government to look into this matter on its own. They should not show any leniency in this case, otherwise, the case will end and the accused will be given a safe passage. Is it necessary to expose the accused by making a video, the court questioned.
The court said that there is no restriction on printing the picture of proclaimed offenders. The court directed the CTO Lahore to not ridicule people through such videos. The court said that if any citizen is ridiculed, the SP of that area will be responsible.
The CTO Lahore said that action should also be taken against those who make our videos. The court remarked that there is a law, you can take action against them. The CTO said that the most traffic rules are violated by government officials, the amount of their challan should be deducted from their salaries.
The court said that every step that improves policing should be on social media. You should assist the court in understanding how exposing the accused on the media affects a fair trial.
The Prosecutor General said that police have made it a habit to first call the media and conduct interviews of under-custody suspects. When the case comes to court, the prosecution's case differs from the interview of under-custody suspects.
The court said that the media, police, prosecutor general and advocate general are all here and they are saying that this is wrong practice. Advocate Mian Ali Haider said that money, dollars are earned from this and that is why it is happening. The court said that the second reason is that this is human instinct, every human wants to become famous.
Justice Ali Zia Bajwa gave the police time till May 2 to complete the investigation. The court remarked that the concerned SHO was deliberately granted bail so that he would not mention anyone else's name. It seems that the IG will have to be called in this case, he said.
The court remarked that during the previous hearing, the Additional IG had said that the SHO was involved in this. The SHO was not only present in the police station but was also putting a light on the faces of the accused.
The SHO's lawyer took the stand that the SHO had no bad intentions. The court inquired what good intentions could be behind putting a flashlight on the girls' faces. The Quran says not to expose sinners. The SHO's lawyer said that the DSP was present in the police station at that time and the video was made on his instructions.
The court remarked that the SHO was nominated on the same day. The day the Additional IG headed the inquiry committee, they deliberately obtained the SHO bail.
The Prosecutor General of Punjab stated that we have written a line of inquiry for the police and asked them to go to the accused and obtain records. The court directed the Prosecutor General of Punjab to talk to the DPO Kasur and ask him what about the progress. You have to be active in this case. The mental torture is very clear in this case, court remarked.
The Prosecutor General of Punjab requested that the police be given a date to complete the inquiry. If they conduct this investigation properly, then there is no need to summon the IG Punjab.
