Law: Constitution of Pakistan, 1973

Section: 13(b),10A

Law: Code of Criminal Procedure, 1898

Section: 164,164(2),364,173,382-B

Law: Anti-Terrorism Act, 1997

Section: 7(1)(a),11EEEE

Law: Pakistan Penal Code, 1860

Section: 302

Article 13(b) of the Constitution protects a person, accused of an offence, against self-incrimination. Section 364, Cr.P.C. does not prevent a Magistrate to refuse recording of irrelevant portion of a statement recorded under section 164, Cr.P.C. This is unfortunate that the politicians in general and the Parliamentarians in particular, are so vulnerable that they can be made accused of even capital charges, without any justification, with mala fide intention, by a public servant. The Parliamentarians represent people of their respective constituencies, therefore, the Magistrates are supposed to be vigilant and should remain within the parameters of section 364, Cr.P.C. Summary The appellant was convicted in 2017 for a 2009 murder largely on a judicial confession recorded under section 164 Cr.P.C. after prolonged custody with Rangers and police. On appeal to this Court, the conviction was set aside (order 10.03.2026) because the judicial confession was found unreliable: it was recorded on oath (raising Article 13(b) self-incrimination concerns), lacked required safeguards under section 364 Cr.P.C. and High Court Rules, contained mechanically detailed and possibly concocted admissions (including names of other persons) without cross-examination of those persons under section 164(2), and was retracted and uncorroborated. The investigation showed long dormancy and procedural defects, so conviction on the sole retracted confession could not stand; the appellant was acquitted and released. Core points  FIR dated 01.10.2009 for murder; no progress for years and matter was effectively "A-class" (dormant). Appellant detained by Rangers under preventive powers, then handed to police on 21.06.2016 and kept eight days before section 164 statement. Confession recorded under section 164 Cr.P.C. on 27.06.2016; statement typed in English, nine pages, signed only on last page. Statement contained many detailed admissions about multiple incidents and named other persons with dates/times — raised suspicion of being police-drafted. Statement recorded on oath, invoking Article 13(b) protection against self-incrimination; oath was held to amount to compulsion.…