SC issues landmark ruling against police torture and custodial killings

WEB DESK: In a powerful judgment affirming fundamental human rights, the Supreme Court of Pakistan has delivered a landmark ruling condemning police torture and extrajudicial killings, declaring such practices “unjustifiable under any circumstances.”

The seven-page written order, authored by Justice Jamal Khan Mandokhail, came as the court dismissed appeals by three police constables from Dera Ghazi Khan who were dismissed from service for their involvement in the illegal detention, torture, and subsequent killing of a man named Zaryab Khan. A three-member bench, headed by Justice Aminuddin Khan and including Justices Naeem Akhtar Afghan, upheld their dismissals.

The court’s ruling offers a sweeping condemnation of custodial violence. “Violence, inhuman and degrading treatment, and violation of personal dignity are by no means justifiable,” the judgment stated. It noted that police violence sometimes leads to extrajudicial killings because officers, operating under an “assumption of immunity,” adopt these methods to bring an accused to justice.

To curb this, the court declared that “effective, special oversight of the police force is indispensable.” It firmly rooted its reasoning in constitutional guarantees, stating that the right to life is the supreme human right and the state is obligated to protect every citizen’s life and prevent custodial violence and murder.

“The principles of fundamental rights are the foundation for a safe and just society,” the court asserted, holding the police force bound to uphold the framework of fundamental rights enshrined in the Constitution. “The police are responsible for protecting the life, liberty, and dignity of every person.”

The judgment elaborated that when a state official causes harm to a person without following the law, it also violates the right to a fair trial. While police have the right to arrest a law-breaker, the court emphasised that “an arrest must be in accordance with the Constitution and the law.” Any arrest made contrary to these requirements, accompanied by inhuman treatment or violence, is not only a criminal act but also constitutes misconduct.

In the specific case, the court found that the appellants had abused their power by illegally detaining and torturing Zaryab Khan. The ruling stressed that departmental proceedings to dismiss police officials are “essential to maintain public trust in state institutions.”

The court also reinforced key procedural safeguards, citing Article 10 of the Constitution, which states that no arrested person can be detained without being informed of the grounds for arrest, and must be presented before a magistrate within 24 hours. Furthermore, it invoked Article 14, which protects the dignity of man and the privacy of the home from violation.