The Supreme Court of Pakistan has declared that custodial torture, inhumane treatment and extrajudicial killings are unjustifiable under any circumstance, ruling that such acts violate the Constitution, fundamental rights and the principles of the rule of law. The landmark seven-page judgment, authored by Justice Jamal Khan Mandokhail, came in response to appeals filed by three police constables from Dera Ghazi Khan who had been dismissed from service for allegedly detaining and torturing a man, Zariab Khan, leading to his death.
The court observed that police torture often results in extrajudicial killings, as some officers act under an assumption of impunity. It stressed that stronger and external oversight of policing is essential to curb such practices.
Emphasizing that the right to life is the most fundamental human right, the bench noted that the Constitution obliges the state to safeguard every citizen’s life and prevent custodial abuse and killings. Illegal detention, torture and extrajudicial executions, the court stated, are clear violations of constitutional guarantees and basic legal principles.
Upholding the officers’ dismissals, the court ruled that they had unlawfully detained and mistreated Zariab Khan, constituting serious misconduct and abuse of authority. It said such departmental actions are necessary to preserve public trust and strengthen the rule of law. The officers had earlier approached the Punjab Service Tribunal, which upheld their termination, and their appeal to the Supreme Court met the same fate.
The judgment referenced Article 10, which provides safeguards regarding arrest and detention, including the requirement that detainees be informed of the charges and produced before a magistrate within 24 hours. The court also cited Article 14, which guarantees human dignity and privacy, reiterating that degrading treatment is prohibited under the Constitution.
The ruling underscored that while police are empowered to arrest offenders, they must do so strictly in accordance with legal and constitutional requirements. Any violation — including unlawful detention, torture or degrading conduct — is both a criminal offence and misconduct. The case was heard by a three-member bench comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan, who unanimously dismissed the appeals.
