Will Uzair Baloch be ‘competent’ approver legally?

ISLAMABAD: Uzair Baloch, former chief of People’s Aman Committee, may become approver against former president and PPP chief Asif Ali Zardari and other PPP leaders but legal experts say that statement or evidence of an “approver” has no value unless such statement is supported and corroborated through some independent and reliable evidence.

According JIT in Dr Asim case, it was revealed that activities of Lyari Gang war took place on the instructions of Asif Ali Zardari. The part of JIT under heading “Criminal history/Close relationship and Illegal Treatment/MQM-A leaders and Target Killer” concludes as; “It was also revealed that on the instructions of Asif Ali Zardari, leaders of PPP like Zulfiqar Mirza, Muzzafar Tapi and later Qadir Patel used to look after the issues of groups of Lyari gang war i.e. Uzair Baluch/Baba Ladla groups including illegal weapons supply to these groups. These groups were involved in extortion, encroachments in old city areas and target killings. These leaders were also involved in managing the armed clashes between Lyari Gang War (LGW) and MQM target killers.”

Uzair Baloch was handed over to Pakistani authorities by UAE a few months back and his arrest was shown on Saturday. There are efforts to make him an approver against top PPP leadership in different cases.

According to senior lawyer, Syed Tayyab Shah, approver is basically an accomplice in crime who becomes ready to make confessional statement before a court of law. Tayyab while talking to ‘The News’ said that such confessional statement was recorded under sections 164 and 364 of CrPC after observing necessary precautions and formalities. “An approver is an accomplice, either he has committed crime along with others or facilitated the execution of crime, so he faces trial and is also punished under the law but if his evidences is proved during trial, he is given a little concession in award of punishment,” Tayyab added.

Question arises whether an accomplice is competent witness. According to legal experts, as far as English law is concerned, he is not only competent witness but conviction can be awarded on his evidence. He alone is sufficient for conviction. According to law books, an approver (an accomplice who turns King’s evidence) is also accused thus a competent witness.

As soon as a person is produced before a magistrate for getting his confession recorded followings are things which magistrate must observe; i- His handcuffs should be removed. ii- All the police officers shall be turned out of court room. iii- He should be informed that he was before a magistrate and that whether he made any statement or not, he will not be handed back to the police but will be sent to the judicial lockup. iv- He should be given sufficient time to ponder over the matter.

v- He should be warned that he was not bound to make any statement and if he did so it may be used as evidence against him.

It is believed that an approver is unworthy of credit unless his evidence is corroborated from some independent sources.

Under the law, the court has to ask following questions to an approver; i- For how long have you been with the police? ii- Has any pressure been brought to bear upon you to make a confession? iii- Have you been threatened to make a confession? iv- Has any inducement been given to you? v- Have you been told that you will be made an approver? vi- Why are you making this confession?

Following important observations were made about confessional statement of an approver in law.

- Confessional statement of accused must be supported and corroborated through some independent and reliable evidence to rely upon the same for his conviction (2008 PCrLJ 507) - Confessional statement of an accused when is to be believed has to be considered in its entirety and the portion of the statement favouring the accused is not to be ruled out of consideration. (PLD 2001 Quetta 33)

- Confession of one accused would not be sufficient to prove innocence and non-involvement of other accused in commission of murder when it appears that confessing accused made confession to save lives of other co-accused who happens to be his sons. (2001 PCrLJ 301)

- Confessional statement cannot be used against an accused if the same is not put to him while recording his statement u/s 342 CrPC (2007 PCrLJ 276)

- All questions put to the accused and his answers thereto must be recorded in writing. (PLD 1994 Pesh. 102)

- Exculpatory confessional statement cannot be used against co-accused for the purpose of conviction. (2008 PCrLJ)

- Confessional statement although retracted would be sufficient piece of evidence for conviction if it is found true, voluntary and having not been obtained by coercion, inducement of torture. (PLD 2005 SC 168)

Confession before Police Officer

- If confession is made by the accused before police officer then it becomes his duty to get his confessional statement recorded before the competent magistrate otherwise such confession is not admissible in evidence. (2008 MLD 430).