Setback for prosecution as suspect in Mustafa murder case refuses to record confession before magistrate – Pakistan

KARACHI: The case of prosecution suffered a setback on Monday when a suspect in the Mustafa Amir murder case informed a judicial magistrate that he was not willing to record his confessional statement.

Investigating Officer (IO)Muhammad Ali brought Syed Shiraz Hussain Bukhari before Judicial Magistrate (South) Aasim Aslam to record his confessional statement under Section 164 of the criminal procedure code.

Allowing the IO’s application, the suspect’s handcuffs were removed as he sat in the judge’s chamber, separate from the police.

After an hour of reflection, the suspect changed his stance and informed the court that he would not make any statement.

Shiraz tells court investigators promised him lesser punishment if he confessed

In its detailed order, the court noted 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 bound to make a confessional statement and that any statement he made would be recorded in writing and could be used as evidence against him during the trial.

Additionally, he was informed that whether he chose to confess or not, his custody would be handed over to the IO for production before the anti-terrorism court (ATC).

The order stated: “…accused Shiraz said that he is the only eyewitness in this case.”

Quoting the suspect, the order stated that he claimed that prime suspect Armaghan had “brutally” murdered Mustafa Amir in his presence and he was helpless at that time and now being dragged into the case as a co-accused.

The court noted that the suspect claimed that he was pressured to make a confessional statement and he was induced with the promise of a lesser punishment. He also alleged that he was maltreated by police officials at the police station.

After hearing the suspect, the court ruled that the suspect did not want to make any statement; therefore, it declined the IO’s application.

“It is a well-settled principle of law that whether the accused makes or refuses to make any confession before the court then he should be remanded to judicial custody but in the instant case as accused is under police custody by the order of the Honourable Anti-Terrorism Court, hence, this court is not authorised to decide the custody of accused,” the court ruled.

The court directed the IO to immediately produce the suspect before the court concerned for a decision on his custody.

In compliance with the magistrate’s directive, the IO produced the suspect before the administrative judge of the ATCs at the Judicial Complex inside the central prison.

However, the administrative judge returned the custody and instructed the IO to present the suspect before the appropriate court.

It is pertinent to mention that both suspects are set to be produced before the concerned ATC on Tuesday (today) after the completion of their police remand.

Published in Dawn, March 4th, 2025