by SHAHID RAO in The Nation, Dec11, 2020
ISLAMABAD – The Supreme Court of Pakistan Thursday raised the question that how the confessional statements of an accused could be relied upon if those were not given voluntarily.
A three-member bench of the apex court headed by Justice Mushir Alam conducted hearing of the appeals of Sindh government and Daniel Pearl’s parents against the SHC verdict to acquit Daniel Pearl’s alleged murderers.
During the hearing, Justice Sardar Tariq Masood noted that the confessions of accused – Fahad Naseem and Salman Saqib – were not voluntarily but were given due to the threat or inducement, therefore, the confessional statements are hit by Article 37 & 38 of Qanoon-e-Shahadat. The judge observed that even Iram Jahangir, Judicial Magistrate, who had recorded the statements of the accused, noted in her own statement that Fahad Naseem gave statement due to threats.
Farooq H Naek, representing the Sindh government, contended that the court has to see the truthfulness of the case. He said that Fahad Naseem never stated that he was beaten by the police, while Salman Saqib stated that he was beaten at earlier stage. The counsel contended that the statements of the accused corroborate with the articles (scanner, printer, emails) recovered from them and the statements of the prosecution witnesses.
Justice Tariq said that one accused stated that he had given the statement to save his life. He inquired that if the confessions are managed then what would be its value in law. Justice Yahya Afridi asked from the counsel that he means to say that even if the statements were not voluntarily, but if those are supported by other evidence then it has evidentiary value.
Naek read the statements of Iram Jahangir, Rajesh Kumar, a shopkeeper, who had sold printer and scanner to the accused. The counsel told that on the next date he would inform the court about the statement of Ronald Joseph, FBI agent.
Later, the apex court deferred the hearing till the next Tuesday (December 15) for further proceedings in this matter.
https://nation.com.pk/11-Dec-2020/sc-questions-genuineness-of-confessional-statements-of-accused
