The Coerced Statements by Accomplices are Inadmissible as Evidence --- Lahore High Court, Lahore
Islamabad 19-07-2024: The Lahore High Court has set aside the physical remand of Sanam Javed in a significant ruling, discharging her from FIR No. 823/23 dated 10.05.2023. The court found the investigation and subsequent arrests to be tainted by malafide intentions and lack of incriminating evidence.
Sanam Javed, who was implicated in a series of criminal cases across different jurisdictions, had filed a criminal revision petition under Sections 435 and 439 of the Criminal Procedure Code (Cr.P.C.). She challenged the order of physical remand dated 14.06.2024 by the Anti-Terrorism Court (ATC) in Gujranwala.
The Court highlighted its revisional jurisdiction under Section 439 Cr.P.C., enabling it to correct manifest illegality or prevent gross miscarriage of justice. The FIR against Javed included charges under multiple sections of the Pakistan Penal Code (PPC), the Punjab Maintenance of Public Order Ordinance, 1960, and the Anti-Terrorism Act, 1997.
Mr. Justice Asjad Javaid Ghural and Mr. Justice Ali Zia Bajwa emphasized that coerced statements by accomplices are inadmissible as evidence. The court referred to landmark rulings, including "Mian Muhammad Nawaz Sharif vs. The State" (PLD 2009 SC 814), to underscore the unreliability of statements made under duress.
The judgment criticized the routine and perfunctory granting of physical remands by lower courts. It stressed that remands should be based on specific, important purposes connected with the inquiry, as per the guidelines in the High Court’s rules and constitutional provisions.
The Court noted the improper involvement of Javed in multiple cases across different jurisdictions based on the same act. It referenced the principle of double jeopardy under Article 13 of the Constitution, which protects individuals from being prosecuted or punished more than once for the same offence.
The judgment highlighted a pattern of malicious prosecution, with Javed being repeatedly detained under various FIRs and detention orders. The Court criticized the police and executive authorities for their disregard of judicial orders and misuse of their powers.
In the absence of incriminating evidence, the Court discharged Javed from the FIR, stating that the investigation against her was driven by malafide intentions. The judgment also included a directive to circulate the ruling among judicial officers, deputy commissioners, and the Inspector General of Police, Punjab, for guidance and compliance.
The Court reiterated its duty to protect citizens’ fundamental rights and ensure fair judicial practices. It admonished judicial officers to follow established guidelines when granting remands and safeguard the constitutional rights of the accused.
The Lahore High Court's ruling not only provides relief to Sanam Javed but also sends a strong message to law enforcement and executive authorities about the limits of their powers and the necessity of adhering to judicial standards and constitutional rights.
Powered by Froala Editor