A judicial magistrate on Monday rejected the investigating officer's request to record the confessional statement of a suspect in the Mustafa Amir murder case after the suspect claimed that he was being pressurized to make the confession.
IO Muhammad Ali moved an application before Judicial Magistrate (South) Asim Aslam, requesting him to record the confessional statement of Shiraz Hussain Bukhari alias Shahwaiz, friend of prime suspect Armaghan, which was allowed.
On Monday, the IO presented the suspect before the magistrate in his chamber for this purpose. Following procedure, the magistrate directed the police to remove the suspect's handcuffs and leave the premises, granting him an hour of reflection time before recording the confession.
In his written order, which he later read out in the courtroom, the magistrate said that the suspect was informed that he was appearing before a first-class magistrate and was not bound to give a confessional statement.
The suspect was also told that any statement he made would be recorded in writing and could be used as evidence against him during the trial, he added. He said that while the accused was in the chamber, the investigating police had no access to him.
"Upon listening to above questions, accused Shiraz said that he is the only eyewitness in this case and the accused Armaghan had murdered the deceased Mustafa Amir brutally in his presence but he was helpless at that time and he is being dragged into the case as co-accused, but Armaghan after beating Mustafa Amir with iron rod forcibly took him/Shiraz to Balochistan on gunpoint where he set on fire, the vehicle and body of deceased Mustafa Amir," the magistrate noted.
"He further stated that he is pressurized to make the confessional statement and induced that he will be awarded lesser punishment. He also alleges that he was maltreated by the police officials at police station."
Noting that the suspect did not wish to give the confessional statement before the court, the magistrate rejected the investigating officer’s request and directed him to present the suspect before the relevant anti-terrorism court to determine his custody.
He explained: "It is well settled principle of law that whether accused makes or refuses to make any confession before Court then he should be remanded to judicial custody but in instant case as accused is under police custody by the order of the Honorable Anti-Terrorism Court, hence, this Court is not authorized to decide the custody of accused."
Later, the IO produced Sheraz before the ATC-XVII, whose presiding officer is also the administrative judge of ATCs, to send him to prison on judicial remand. However, the court returned the custody of the suspect to the IO to present him before the relevant ATC. Armaghan and Sheraz will likely be presented before an ATC today on completion of their physical remand.