The Sindh High Court (SHC) delivered a significant ruling on Saturday, asserting that a person’s criminal history cannot be used to justify extrajudicial killings by law enforcement. This decision came during the hearing of a petition concerning the alleged killing of Shah Mir, a missing citizen reportedly killed in a staged police encounter.
During the hearing, the petitioner’s lawyer contended that Shah Mir was taken into police custody and subsequently killed in a fabricated encounter. In contrast, the state prosecutor argued that the deceased was a habitual offender and that a challan had already been submitted to the trial court in his case.
Notably, the court observed that the timeline of events raised doubts about the legitimacy of the encounter. The petition was filed on January 15, while the alleged encounter occurred two days later, on January 17. The SHC underscored that Article 14 of the Constitution of Pakistan guarantees the dignity of individuals and protection against torture.
The court emphasized that police officers must present suspects before the judiciary and are not authorized to act as judge, jury, and executioner. It warned that permitting such extrajudicial actions would erode the fundamental purpose of the judicial system.
In a significant development, the SHC referred to the Torture and Custodial Death (Prevention and Punishment) Act, stating that investigations into such incidents fall under the Federal Investigation Agency’s (FIA) jurisdiction. Consequently, the court ordered the immediate transfer of the inquiry to the FIA.
The SHC further directed the FIA to complete the investigation within 30 days, ensuring that statements from the petitioner and other witnesses are duly recorded in accordance with the law.
