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SHAHID ALI vs STATE — 2026 PLD 126 SUPREME-COURT

Case information

Citation
2026 PLD 126 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
SHAHID ALI vs STATE
Subject matter
Criminal
Provisions referred to
S. 302; S. 164---Q; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHAHID ALI VS STATE. S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 39 & 40---Criminal Procedure Code (V of 1898), S. 164---Qatl-i-amd---Circumstantial evidence---Media report---Benefit of doubt---Accused was alleged to have confessed to his guilt of murder in an interview recorded by a journalist during his custody with police---Interview of accused was aired by a television channel during pendency of his trial---Trial Court convicted the accused for Qatl-i-amd and sentenced him to death which was confirmed by High Court---Validity---Person in authority or a police officer in whose custody accused was held in custody for the purposes of investigation under Chapter XIV, Cr.P.C. was not authorized nor empowered to delegate, directly or indirectly, the power and authority to investigate to a private person let alone a journalist---Power and authority of a Magistrate under section 164, Cr.P.C. could also not be usurped and made redundant, directly or indirectly, by giving access to private persons to record confessions---Access and permission could not be given to a private person, such as a person engaged in the profession of journalism, to record statement of accused in the nature of a confession while he was in custody---Any such statement was inadmissible under the mandate of Article 39 of Qanun-e-Shahadat, 1984---There was no direct and circumstantial evidence brought on record which was reliable, trustworthy and confidence inspiring enough to convict accused for the charge framed against him---Supreme Court acquitted accused by extending benefit of doubt to him as of right---Appeal was allowed.

Other judgments reported in 2026 PLD

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