Supreme Court says state cannot escape duty to prevent custodial killings

ISLAMABAD: The Supreme Court has reaffirmed that the state carries an unambiguous constitutional duty to protect the right to life of all citizens and prevent custodial violence, as it dismissed appeals filed by two Federal Investigation Agency (FIA) officials accused in a 2020 custodial death case.

The ruling, authored by Justice Jamal Khan Mandokhail in a seven-page judgment dated August 21, pertains to the killing of Zaryab Khan, who was detained in Dera Ghazi Khan and later died in police custody. Although the accused FIA officials were acquitted by a criminal court, they were dismissed from service over misconduct — a decision the Supreme Court has now upheld.

“The Constitution imposes a duty upon the State to protect the right to life of every citizen and to prevent custodial violence and killings,” the judgment states, underscoring that the right to life is recognised globally as the “supreme human right” codified across major human rights treaties.

Justice Mandokhail stressed that constitutional guarantees against illegal detention, torture, brutality and extrajudicial killings are foundational, and “neither encouraged nor justified under any circumstances”. Torture or any form of degrading treatment, he wrote, is incompatible with human dignity and the rule of law.

The court observed that torture is sometimes employed as a means of achieving “extrajudicial killings by the police, presuming de facto impunity”.

To counter this pattern, the judge said Pakistan urgently needs an “effective, dedicated, external” oversight mechanism for police accountability.

Citing international standards including the Universal Declaration of Human Rights (UDHR), the ruling emphasised that every individual is entitled to liberty, security and protection from torture and degrading treatment. Domestically, Articles 4, 10 and 14 of the Constitution collectively ensure that no person may be harmed, detained or treated inhumanely except strictly in accordance with the law.

Justice Mandokhail noted that the police, as custodians of law, are bound to uphold these guarantees and protect the dignity and liberty of citizens. Any violation of due process by state officials, he wrote, not only breaches fundamental rights but also constitutes a criminal offence and misconduct.

The court held that the officials involved in Zaryab Khan’s illegal detention and torture committed “misuse of authority” amounting to grave misconduct under the Civil Servants (Efficiency and Discipline) Rules, 1975.

The judgment comes amid growing concern over custodial abuse nationwide. In October, former Supreme Court judge Justice Athar Minallah described extrajudicial killings, custodial torture and excessive force as “intolerable crimes” in a democratic society.

According to Human Rights Commission of Pakistan (HRCP) data, Punjab alone has witnessed more than 500 alleged police encounters since January 2025, resulting in over 670 fatalities — the highest toll in the country.