Sindh High Court orders FIA probe into suspected staged police encounter in Karachi

KARACHI: The Sindh High Court has ordered that the Federal Investigation Agency investigate the killing of a man in what it described as a suspicious police encounter, while sharply criticising law enforcement over custodial deaths and warning that such actions undermine the justice system.

A two-member constitutional bench headed by Justice Mohammad Saleem Jessar issued the directions while disposing of a petition filed by Rani Khatoon, who had sought the recovery of her brother, Shahmeer. She had alleged that unknown persons took him away from her house in a Malir locality during the night between January 14 and 15.

According to the petition, Shahmeer was picked up from within the premises of Sachal police station. The petitioner moved the high court on January 15 after approaching police officials and asking for information about her brother’s whereabouts.

In his reply, the Sachal SHO said the alleged missing man was later killed in a police encounter on January 17 involving unidentified suspects and a police party from Shah Latif police station. He said a case, FIR No. 97 of 2026, had been registered under Sections 353, 324 and 34 of the Pakistan Penal Code.

The petitioner’s lawyer, however, argued that Shahmeer had been taken from his home by police on January 15 and was then killed in a staged encounter on January 17. He told the court that the matter involved illegal confinement and custodial killing and required a proper investigation.

An additional advocate general told the court that the petitioner’s brother was a habitual offender and was involved in more than 10 cases at different police stations in Sindh. The law officer also argued that the petition had been filed to save a proclaimed offender from due process, maintaining that the encounter was genuine and that police had already investigated the matter and submitted a report before the relevant court.

The bench, however, said the sequence of facts placed before it prima facie supported the petitioner’s position that the encounter was suspicious. It observed that although no direct allegation of abduction had been made against any specific individual, the material on record sufficiently supported the claim that the encounter had been staged to eliminate the suspect.

Court observations

In its order, the bench said enough material was available to show that Shahmeer had been killed in an encounter that appeared suspicious. It noted that the investigation into FIR No. 97 of 2026 had been proposed for disposal under A class because the names of the other alleged accomplices of the deceased could not be traced due to deficient evidence.

The court also noted that the SSP Malir and SHO Sachal, despite having been put on notice and being aware of the facts, had failed to take further steps, including conducting an independent inquiry into the applications submitted by the petitioner.

“No matter a person is involved in many cases, he is proclaimed offender with a mammoth criminal record, the stigma against the alleged offender will not grant open license to the police to kill him in the manner, as has happened in the instant case. If the police officials are allowed to continue with such actions then purpose of establishment of the courts of law would become fruitless and public confidence in the judicial system would erode. The police being responsible force is required to observe a reasonable restraint and discipline,” the bench noted.

The bench further stressed that police are bound to place accused persons before competent courts for trial in accordance with the law rather than taking matters into their own hands. “Police are saddled with a responsibility rather sacred duty to prosecution of the offenders and as such are expected to discharge this duty in accordance with law. In the line of duty, police should refer the offenders accused of any offence for trial before competent court of law. Custodial killings tantamount to perturb the judicial system and cannot be allowed to perpetuate”.

The order also referred to Pakistan’s obligations under the 1984 UN Convention against torture and noted that torture, cruel treatment and inhuman or degrading conduct are recognised offences. The bench said Parliament had enacted the Torture and Custodial Death (Prevention and Punishment) Act, 2022, under which investigation into custodial death and torture cases is assigned to the FIA to ensure a neutral forum, particularly in matters involving local police.

The court observed that courts had repeatedly noted that when police officers investigate their colleagues, undue favour is often extended, resulting in weak prosecution.

Directions to FIA

While disposing of the petition, the bench directed the SSP Malir and other relevant officials to transfer the investigation to the FIA director. It ordered the FIA to appoint an officer to investigate the FIR under Sections 5, 7 and 13 of the 2022 law strictly in accordance with the law and complete the process within the statutory period of 30 days.

The investigating officer was also directed to record the statements of the petitioner and other witnesses familiar with the facts of the case. The court said that once the investigation is completed, its outcome must be sent to the court concerned.