The Supreme Court has called upon the country’s print and electronic media to exercise restraint and responsibility while reporting on ongoing criminal investigations underlining the need to protect the fundamental rights of both the accused and victims.
In a detailed 25-page judgment issued on Tuesday, Justice Athar Minallah warned that disproportionate or sensationalised coverage of suspects during investigations may create a perception of guilt, thereby influencing public opinion and potentially undermining the fairness of judicial proceedings.
The ruling came during the hearing of an appeal filed by Shahid Ali, who had been convicted by a trial court and sentenced to death in the 2014 murder case of a 7-year-old boy, Wasim Akram, in Karachi.
A three-member bench, headed by Justice Minallah, overturned the Sindh High Court’s March 15, 2021 verdict upholding the sentence, and acquitted the accused by extending the benefit of doubt.
The court expressed grave concern over an interview of the accused, which was recorded while he was in police custody and broadcast on a private television channel’s programme on March 27, 2014.
The court noted that Shahid Ali was on physical remand and had not yet been charged at the time of the interview, and hence was legally presumed innocent.
“This is a classic example of how media coverage, if left unchecked, can seriously prejudice the rights of an accused person and compromise the fairness of the investigative process,” the judgment stated.
The bench criticised the role of police officials who allowed the journalist to interview the accused inside the police station, terming their conduct as illegal and in violation of due process. The judgment also clarified that the alleged confessional statement made by the accused during the interview held no legal standing, as it was not recorded before a magistrate under Section 164 of the Code of Criminal Procedure.
The court observed that such practices were not isolated incidents but reflected a growing trend in electronic media, where individuals accused of serious crimes are often presented before cameras or interrogated on-air, even while in police custody.
“This approach not only violates the rights of the accused but also jeopardises the integrity and transparency of the criminal justice system,” the court noted.
Justice Minallah also expressed empathy for the victim’s family, noting that irresponsible media coverage can have a retraumatising effect on those grieving a loss.
In its directives, the apex court called upon both federal and provincial governments to take immediate steps to curb such unlawful practices. It also tasked the Pakistan Electronic Media Regulatory Authority (PEMRA) with consulting relevant stakeholders to formulate standard operating procedures (SOPs) aimed at regulating media conduct during ongoing investigations.
Furthermore, the court urged media houses to develop self-regulation mechanisms and adopt best international practices for ethical crime reporting, emphasising that the balance between freedom of expression and the rights of individuals involved in criminal cases must be maintained.
Copies of the verdict have been sent to the Ministry of Interior, Ministry of Information, PEMRA, and the chief secretaries of all four provinces for necessary action.
