The Lahore High Court has set an important legal precedent regarding the admissibility of newspaper reports as explanatory evidence, especially in bail proceedings.
In a significant ruling, Justice Amjad Rafique issued a 10-page written judgement while granting bail to two men accused in the murder of journalist Ashfaq Hussain.
The court allowed bail to Samar Abbas and Ramzan, who were arrested in connection with the killing of journalist Ashfaq Hussain in Muzaffargarh on May 15, 2024. According to the first information report (FIR), Ashfaq was shot dead by two unidentified assailants while returning home with his brother.
In the judgement, Justice Rafique ruled that newspaper reports can be considered as explanatory evidence for bail purposes -- provided the reporter concerned appears before the court to verify its contents.
“If the reporter who gave the news appears in court, the news can be accepted as admissible evidence,” the ruling stated.
However, the judgement made it clear that newspaper reports must be viewed alongside other evidence on record and cannot, on their own, be used to conclusively prove a fact.
“A newspaper report alone is not sufficient to prove a fact with full certainty. It must be corroborated with additional evidence,” the court noted.
The court emphasized that while news reports cannot serve as primary evidence, they may be treated as circumstantial or explanatory evidence in bail cases, especially when there is no contradiction with the rest of the record.
FIR and political attention
The FIR stated that Ashfaq Hussain was shot by unknown persons while traveling with his brother. The incident triggered widespread outrage, and Punjab Chief Minister Maryam Nawaz had also taken strict notice of the murder, demanding swift justice.
During the court proceedings, the defense lawyers cited a newspaper report that claimed the police had arrested the suspects five months after the murder, which they argued cast doubt on the credibility and timeliness of the investigation.
Legal implications
Justice Rafique’s ruling establishes an important legal point: a news report is not admissible as evidence unless the journalist testifies in court. The judgement also noted that if facts are clearly stated in a sworn statement, such a statement cannot be disregarded as hearsay.
The court granted bail to the accused after evaluating the evidence, including the timing of the arrests, the media coverage, and the arguments presented by both sides.
