In a landmark ruling, the Supreme Court on Friday upheld the dismissal of three police constables from Dera Ghazi Khan, declaring that illegal detention, torture and arrests without due process are serious criminal acts and a clear violation of Article 14 of the Constitution, which guarantees the dignity and personal freedom of citizens.

The Supreme Court strongly criticized police practices that violate constitutional safeguards, stating that human dignity and the privacy of the home cannot be infringed under any circumstances.

“The violation of human dignity, the sanctity of the home and fundamental rights under the Constitution is unacceptable,” the judgement said, adding that Article 14 does not allow such actions by law enforcement agencies.

The court reaffirmed that while police have the authority to arrest, this power must only be exercised in accordance with constitutional requirements and due legal process.

Illegal detention and torture of Zaryab Khan

The three constables were accused of keeping a man named Zaryab Khan in illegal detention and subjecting him to torture without lawful procedure. According to the judgement, the citizen later died due to the torture, though the officials were acquitted in the murder case.

“We are not dealing with a criminal appeal,” the bench noted. “This case concerns only their dismissal from service.”

The court remarked it was “surprising why the government did not file an appeal” against the murder acquittal.

Punjab Service Tribunal upheld dismissal; SC rejects appeal

The dismissed constables had first approached the Punjab Service Tribunal, which upheld the dismissal order. They then appealed to the Supreme Court, seeking reinstatement.

A three-member bench headed by Justice Aminuddin Khan, and comprising Justice Jamal Khan Mandokhel and Justice Naeem Akhtar Afghan, heard the case. Justice Mandokhel authored the detailed verdict, rejecting the officers’ appeal.

Torture, inhumane treatment are corruption

The ruling stressed that arrest and torture without legal procedure constitute criminal acts, and that any form of inhumane treatment by the police counts as corruption and serious misconduct.

“The police force is the guardian of the law and is bound to protect the fundamental rights of citizens,” the judgement stated.
It added that protection of life, liberty and dignity is the responsibility of the state, and any action taken without lawful authority is a clear violation of the right to a fair and transparent trial.