The Lahore High Court has established a key legal precedent concerning the use of newspaper articles as supporting material in bail proceedings.
In a detailed 10-page verdict, Justice Amjad Rafique granted bail to two individuals, Samar Abbas and Ramzan, accused in the murder of journalist Ashfaq Hussain. The incident occurred on May 15, 2024, in Muzaffargarh, where Hussain was fatally shot by unidentified attackers while returning home with his brother, according to the initial police report.
Justice Rafique ruled that newspaper articles may be admitted as explanatory or circumstantial evidence in bail applications—on the condition that the journalist responsible for the report testifies in court to verify its authenticity.
“The content of a newspaper report may be treated as admissible if the journalist appears before the court to confirm the information,” the ruling stated.
However, the judgment also clarified that such reports cannot, by themselves, establish facts conclusively. “A news report on its own lacks the legal strength to prove a fact beyond doubt; it must be supported by other evidence,” the court emphasized.
The ruling added that while news articles do not qualify as primary evidence, they may be used to clarify circumstances when consistent with the existing record.
Case Background and FIR Details
The first information report (FIR) described that Ashfaq Hussain was ambushed and shot by unknown individuals during his journey home. The murder sparked public outrage, drawing attention from Punjab Chief Minister Maryam Nawaz, who demanded prompt and effective action.
During the bail hearings, the defense referenced a newspaper article indicating that the suspects were detained five months after the incident, raising questions about the integrity and timing of the investigation.
Legal Significance
Justice Rafique’s decision underscores a crucial principle: media reports are not admissible in court unless the journalist who authored them personally testifies. The judgement further noted that sworn statements detailing factual events cannot be dismissed as hearsay if clearly articulated.
After carefully reviewing the case record, including the timeline of arrests, media accounts, and legal arguments from both parties, the court approved bail for the accused.
