Supreme Court Issues Landmark Ruling on Police Torture and Extrajudicial Killings

Islamabad: The Supreme Court of Pakistan has delivered a landmark verdict against police torture and extrajudicial killings of detainees, declaring the right to life as the highest human right. The court emphasized that the Constitution obligates the state to protect every citizen’s life and prevent custodial torture and killings.

The seven-page judgment, authored by Justice Jamal Khan Mandokhel, stated that torture, inhumane treatment, or degrading behavior, including violations of personal dignity, is never permissible under any circumstances. The court noted that police violence sometimes leads to extrajudicial killings due to assumptions of impunity when officers take the law into their own hands, stressing the need for effective, independent oversight of the police force.

The Supreme Court underscored that constitutional guarantees against illegal detention, arrests, brutality, and extrajudicial killings form the foundation of fundamental and legal principles. “Illegal detention and torture are neither desirable nor justifiable,” the court said, adding that safeguarding fundamental rights ensures a secure and just society.

The judgment highlighted that the police are responsible for protecting every individual’s life, liberty, and dignity. Any government official harming a person outside the framework of law not only violates fundamental rights but also the right to a fair trial. Arrests must comply with constitutional and legal requirements; any violation, mistreatment, or use of excessive force constitutes both criminal conduct and professional misconduct.

The case arose from allegations against three Punjab Police constables regarding the illegal detention, mistreatment, and killing of a man named Zaryab Khan. The court found that the officers had violated their duties and abused their powers. It upheld the disciplinary dismissals of the constables, rejecting their appeals.

The Supreme Court cited Articles 10 and 14 of the Constitution, which guarantee protection against unlawful detention and uphold personal dignity and privacy. It emphasized that every arrested person must be informed of the reasons for their arrest and presented before a magistrate within 24 hours.

The three-member bench, headed by Justice Amin-ud-Din Khan along with Justices Jamal Khan Mandokhel and Naeem Akhtar Afghan, heard the appeal against the Punjab Service Tribunal’s decision, which had upheld the dismissal of the officers.

This ruling reinforces the state’s constitutional duty to prevent abuse of power by law enforcement and protects citizens from custodial violence and extrajudicial actions.