On October 4, the Lahore High Court issued a ruling that prohibits the recording and broadcasting of interviews or confessional statements of suspects in custody. This decision, delivered by Justice Ali Zia Bajwa, emphasizes the protection of human dignity, privacy, and the right to a fair trial, declaring such media practices as serious violations of these rights.
The verdict came in response to a public interest litigation filed by Advocate Vishal Riaz, which challenged the common practice of media trials that potentially humiliate and expose individuals in custody. Justice Bajwa criticized various institutions, including the police, FIA, and Excise Department, along with regulatory bodies like Pemra and PTA, for their failure to address this issue effectively. The agencies acknowledged that such media exposure not only undermines investigations but also weakens prosecution cases.
In his detailed judgement, Justice Bajwa stated, “an arrest, however lawful, does not strip the accused of fundamental rights.” He highlighted that coerced or publicized confessions are forms of persecution and stressed the importance of constitutional rights such as dignity, liberty, and fair trial, which are guaranteed even to those under custody.
The court has issued strict guidelines prohibiting law enforcement agencies from facilitating media interviews of suspects in custody. Justice Bajwa warned that any violation of this order would lead to misconduct proceedings against responsible officers and emphasized the role of heads of agencies in ensuring compliance.
Furthermore, the judge criticized the practice of law enforcement agencies allowing media presence at checkpoints, which he described as leading to the public humiliation of citizens. He maintained that such actions for the sake of media attention compromise the dignity, respect, or privacy of individuals.
The judgment also calls for regulatory authorities to effectively monitor media conduct to ensure it does not transgress legal limits or encroach upon fundamental rights. Justice Bajwa concluded by affirming that the freedom of expression does not override the rights of suspects to dignity, fair trial, and privacy.
Advocate General Punjab, in the court proceedings, acknowledged the detrimental impact of such media practices on suspects’ self-respect and the broader justice system. The court urged the media to maintain responsibility and restraint, emphasizing that freedom of expression must be balanced with the right to a fair trial.
