ISLAMABAD: The Supreme Court (SC) has issued a ruling against custodial torture and extrajudicial killings, declaring that torture, inhuman and degrading treatment, and violations of personal dignity are unacceptable under any circumstances.
Justice Jamal Khan Mandokhail authored the seven-page judgment condemning torture of suspects in police custody and extrajudicial killings. The judgment states that police torture sometimes leads to extrajudicial killings, as officers act under the false assumption of immunity while trying to bring suspects to justice.
The SC held that effective and special oversight of the police force is essential to end such practices. The right to life has been declared the highest human right, and the Constitution obligates the state to protect every citizen’s life and prevent custodial torture and killings.
The judgment affirms that constitutional guarantees against illegal detention, arrest, torture, and extrajudicial killings form the foundation of legal principles. Illegal detention and torture are neither acceptable nor justifiable under any circumstances.
Justice Mandokhail wrote that the purpose of fundamental rights is to ensure a safe and just society. The police are bound to uphold the constitutional framework of fundamental rights and are responsible for protecting the life, liberty and dignity of every individual.
According to the decision, when a public official harms someone without following the law, it also violates the right to a fair trial. The police do have the authority to arrest lawbreakers, but arrests must strictly follow constitutional and legal procedures.
The judgment further states that arrests made contrary to constitutional requirements, and any cruel, inhuman or violent behaviour, are not only criminal acts but also constitute misconduct.
The SC found that the petitioning police officials violated their duties by illegally detaining Zariab Khan and torturing him, which amounted to abuse of power. The court said that departmental dismissals of such officers are necessary to maintain public trust in state institutions.
The court upheld the sentences of the dismissed police constables and dismissed their appeals.
The SC reaffirmed that Article 10 of the Constitution provides safeguards regarding arrest and detention: no one may be detained without being informed of the reasons for arrest, and every arrested person must be produced before a magistrate within 24 hours.
The judgment also stated that under Article 14, human dignity and the privacy of the home cannot be violated.
The verdict was issued in appeals filed by three police constables from Dera Ghazi Khan, accused of illegally detaining and killing a man named Zariab Khan. Their dismissal had earlier been upheld by the Punjab Service Tribunal, after which they appealed to the SC.
A three-member bench comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, and Justice Naeem Akhtar Afghan heard the case.
