LHC Binds FIA to Scrutinize Police Actions Involving Custodial Torture and Encounters
Ruling Imposes One-Year Jail and Fine for Government Officials Engaging in Public Violence
The Lahore High Court’s Bahawalpur Bench has ruled that the Federal Investigation Agency (FIA) is obligated to investigate any complaints of torture in police custody or alleged police encounters.
This ruling marks a significant step forward in addressing concerns related to police encounters. Justice Tariq Saleem Sheikh issued a detailed 19-page judgment in response to a petition filed by Zubaida Qureshi, directing her to approach the FIA with her complaints.
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The court emphasized that under the Amendment Act 2022, any complaints involving government officials must be investigated by the FIA, shifting the responsibility from local authorities to the federal agency. The ruling further stated, “If the FIA receives a complaint against a government official, it is required to conduct a thorough investigation,” and that the agency must gather evidence and uncover the truth.
The decision reinforces the constitutional protection against violence, highlighting that government officials involved in public violence could face a one-year prison sentence and a fine. Additionally, the ruling clarified that deaths resulting from violence in custody are subject to separate legal penalties.
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Zubaida Qureshi brought this case to the court, seeking the registration of charges against police officers for a staged encounter that allegedly resulted in the deaths of four individuals—Junaid, Haseeb, Raheel, and Usman—after severe torture. According to the petitioner, instead of addressing the police’s actions, authorities filed kidnapping charges against the victims’ relatives.
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