Karachi: The case of prosecution suffered a setback on Monday when a suspect in the case of Mustafa Amir murder informed a judicial magistrate that he was not willing to register his confessional statement.
The investigating officer (IO) Muhammad Ali brought Syed Shiraz Hussain Bukhari before Judicial Judge (South) Aasim Aslam to register his confessional statement under Section 164 of the Code of Criminal Procedure.
Allowing the request of the IO, the suspect’s wives were eliminated while sitting in the judge’s chamber, separated from the police.
After an hour of reflection, the suspect changed his position and informed the court that he would not make any statement.
Shiraz tells court investigators that they promised him a minor punishment if he confessed
In his detailed order, the court said that while the suspect was sitting in the Chamber, he was informed that he was before a first -class magistrate.
He was also informed that he was not obliged to make a confessional statement and that any statement he made would be registered in writing and could be used as evidence against him during the trial.
In addition, he was informed that if he chose to confess or not, his custody would be delivered to the IO for its production before the Anti -Terror Court (ATC).
The order said: “… the defendant Shiraz said that he is the only ocular witness in this case.”
Citing the suspect, the order declared that he said that the suspect main Armaghan had “brutally” murdered Mustafa Amir in his presence and that he was helpless at that time and was now dragged into the case as coacked.
The Court said that the suspect said he was pressed to make a confessional statement and that he was induced with the promise of a minor punishment. He also claimed that police officers mistreated him at the police station.
After listening to the suspect, the court ruled that the suspect did not want to make any statement; Therefore, he rejected the application of IO.
“It is a well -established right of law that if the accused does or refuses to make a confession before the court, then he must be sent to judicial custody, but in the present case as accused he is in police custody by order of the Honorable Anti -Terrorist Court, therefore, this Court is not authorized to decide the custody of the accused,” the court regulated.
The Court ordered the IO to immediately produce the suspect before the court concerned with a decision about its custody.
In compliance with the magistrate’s directive, the IO produced the suspect before the administrative judge of the ATC in the judicial complex within the central prison.
However, the administrative judge returned custody and instructed the IO to present the suspect before the appropriate court.
It is pertinent to mention that both suspects will occur before the ATC in question on Tuesday (today) after the end of their police pretrial detention.
Posted in Dawn, March 4, 2025
