The Lahore High Court Bahawalpur Bench has declared that the Federal Investigation Agency (FIA) is bound to investigate any complaints filed against torture while in police custody or alleged police encounters.
This ruling comes as a significant development in the ongoing efforts to address police encounters.
Justice Tariq Saleem Sheikh issued a comprehensive 19-page written decision in response to a petition filed by Zubaida Qureshi. The court directed the petitioner to refer to the FIA.
The court has directed that any complaints involving government officials be referred to the FIA for mandatory investigation, as per the Amendment Act 2022. This act has transferred the responsibility of investigating such cases from local authorities to the FIA.
"If the FIA receives any complaint against a government official, it should conduct a mandatory investigation," as per the order, adding that the investigation agency should collect evidence from the investigation and bring out the truth.
The ruling underscores the constitutional guarantee against violence and emphasizes that any government official involved in public violence could face a one-year jail term and a fine. The decision also outlines that death resulting from violence while in custody is punishable under separate legal provisions.
The case was brought to light by Zubaidah Qureshi. She had approached the high court for registration of a case against an alleged police encounter of four persons. She claimed that her relatives -- Junaid, Haseeb, Raheel, and Usman -- were killed by police in a staged encounter following severe torture.
According to the petitioner, instead of addressing the police misconduct, the authorities registered a case of kidnapping against the victims' relatives.
