The Lahore High Court (LHC) has issued a detailed written judgement barring the interviewing of suspects in custody and the release of their confessional statements to the media.
Justice Ali Zia Bajwa, in his 11-page decision, ruled that such practices compromise the dignity of individuals and undermine their right to a fair trial.
No media access to detained accused
The court declared that no law enforcement agency shall allow any media person to interview a detained accused. It ruled that interviewing individuals in custody puts their self-respect, honour, and future at stake, while also affecting the fairness of the trial process.
The verdict stated that the head of the investigating agency will bear full responsibility if such an interview takes place. Any investigating officer who gives media access to an accused in custody will be guilty of misconduct, and disciplinary action will be initiated against them. "Institutions have every right to take action against those who violate the law," the verdict stated.
Petition highlights media trial concerns
The ruling came on a petition filed under Article 199 of the Constitution, which highlighted how law enforcement agencies had been facilitating media coverage in a way that humiliates detained individuals.
The petitioner expressed deep concern over character assassination and loss of dignity of accused persons through televised confessions and media trials. It was noted that police and other agencies, including the Excise Department and FIA, submitted reports during the proceedings.
"The honour and dignity of citizens cannot be allowed to be put at stake for media popularity. The desire for fame itself is not objectionable," the verdict maintained. "It is regrettable how law enforcement agencies stand at check posts with media representatives to humiliate citizens."
Advocate general supports ban
The advocate general of Punjab also supported the ban, stating that interviewing detained accused not only harms their self-respect but also weakens the prosecution’s case. The court observed that such measures raise serious legal and ethical concerns, posing risks to the credibility of the entire criminal justice system.
Protecting fundamental rights
Justice Bajwa stressed that the dignity of any individual is inviolable and does not end at the police gate. He clarified that the legal arrest of an accused does not strip them of their fundamental rights.
The court emphasized that a forced and publicised confession is not justice but cruelty, and the Constitution guarantees that every citizen must be treated with respect and in accordance with the law.
Media trial versus fair trial
The judgement strongly criticized media trials, defining them as efforts to influence public opinion by declaring an accused innocent or guilty before any judicial decision.
The ruling warned that media overreach not only compromises investigations but also undermines the right to a fair trial. It reminded journalists that while freedom of expression is protected under the Constitution, it must be balanced with the rights of the accused.
“Media cannot be allowed to indulge in false, defamatory, or unprofessional reporting,” the judgement added, stressing that it was high time that the regulatory authority regulated the role of the media.
Expanded definition of detention
In a key clarification, the LHC expanded the scope of “detention” to include individuals stopped at checkpoints and check posts. The court said such treatment also falls under the principle of protecting dignity and fundamental rights.
Call for responsible journalism
The court concluded by urging the media to act responsibly for the betterment of society and to avoid crossing the line into the judiciary’s domain. It held that trial through the media “spoils the work of investigators” and compromises the fairness of the judicial process.
