A judicial magistrate on Saturday declined to record the confessional statement of Armaghan, the prime suspect in the Mustafa Amir kidnap and murder case, observing that he was not in a stable condition.
Investigation Officer Muhammad Ali produced Armaghan before the South judicial magistrate to record his statement under the Section 164 of the Code of Criminal Procedure (CrPC).
As per the procedure, the suspect's handcuffs were removed and he was seated in the magistrate's chamber while the police were instructed to leave the room.
The magistrate observed that Armaghan seemed to be tired and lazy as he was brought to the court.
He added that the suspect was informed that he was before a first-class magistrate and that any statement he made would be written and may thereafter be used against him as evidence.
In his order, the magistrate noted that the suspect first showed willingness to confess to his guilt and said that he murdered Mustafa Amir due to a previous grudge but it was not pre-planned rather it happened in a moment of sudden outburst.
"However, later when he was informed that whether or not he makes confession, he shall be remanded to judicial custody. Upon hearing this, accused quickly answered that he does not want to make confession and he is being framed by the Jewish Mafia and the intelligence agency of Israel i.e. Mossad," he said. The magistrate noted that the suspect went on to state that the police were performing black magic upon him in the custody, due to which he felt pain in his body. The suspect further said he did not kill Amir but rather left him in the car and burnt only the front side of the vehicle leaving it to Allah to decide the fate of Amir.
The magistrate cited the suspect as saying that Amir could have been saved by God.
"Then after a pause of 5 - 10 minutes again accused said that he did not kill Mustafa Amir directly, it was into his fate to die but there was only little involvement on his side."
He said the suspect further claimed that the political parties of our country were part of the Jewish lobby and they all wanted to sideline him because he was an outspoken person against it.
"Therefore in view of foregoing discussion, I am of the opinion that the accused is not in stable condition as to record his confession. Hence, I decline this instant application filed by the IO," the magistrate ruled, and directed the police officer to present him before the relevant anti-terrorism court to remand him in judicial custody.
"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," he observed.
Later, the IO brought Armaghan to the ATC that sent him to prison on judicial remand.
Earlier, Armaghan's friend Shiraz, who is already in judicial custody, had also refused to record his confessional statement when he was produced before the judicial magistrate.
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