| Citation(s) |
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| 2025 SLG 5026 2025 SLD 5026 = 2025 SCP 446 = 2026 PLD 205 |
Civil Petitions No. 1041, 1042 & 1327 of 2024 (Against the judgment dated 17.01.2024 of the Punjab Service Tribunal, Lahore passed in Appeals No. 3338, 3342 & 3343 of 2023)
Justice Amin-ud-Din Khan Justice Jamal Khan Mandokhail Justice Naeem Akhter Afghan
Mr. Kamran Adil, Addl. IG PunjabSummary: The petitioners, police officials accused of unlawfully detaining and torturing Zaryab Khan leading to his custodial death, were acquitted of murder charges due to benefit of doubt. However, in departmental proceedings under Punjab Police (E&D) Rules, 1975, they were found guilty of misconduct for illegal detention and torture. Despite the inquiry officer recommending a minor penalty, the competent authority enhanced it to dismissal. The Supreme Court upheld the dismissal, emphasizing that protection of law is each citizen's inalienable right under Article 4 of the Constitution, which prohibits illegal detention, torture, and extrajudicial killings. The police must act within constitutional due process or else face misconduct charges in addition to criminal liability. Core Points in Bullet Form: Article 4 of the Constitution guarantees protection of law as an inalienable right to all citizens. Police have authority to arrest but must follow constitutional due process (Articles 10, 14, 10A). Torture and extrajudicial killings violate fundamental rights and rule of law. Acquittal in criminal court does not preclude departmental action for misconduct under Punjab Police (E&D) Rules, 1975. Misconduct includes illegal detention, torture, misuse of authority, and can lead to penalties up to dismissal. Competent authority can enhance penalties beyond inquiry officer’s recommendations following due process. Departmental proceedings uphold rule of law and public confidence even if criminal charges fail. International human rights standards, including UN declarations, support prohibition of torture and illegal detention. Laws and Sections Table: Law/Rule Relevant Section/Article Description Constitution of Pakistan, 1973 Article 4 Protection of law is an inalienable right Constitution of Pakistan, 1973 Article 10 Safeguards on arrest and detention: inform grounds, produce before Magistrate within 24 hours Constitution of Pakistan, 1973 Article 14 Protection of dignity, privacy of home, prohibition of torture Constitution of Pakistan, 1973 Article 10A Right to a fair trial and due process Punjab Police (E&D) Rules, 1975 Rule 2(iii) Defines misconduct including misuse of authority and improper conduct Pakistan Penal Code (PPC) Section 302 Murder
Khalid Mehmood Riaz Hussain Safdar Ali ...Petitioner
VERSUS
The District Police Officer, DG Khan & others Respondents
Law: Constitution of Pakistan, 1973
Section: 4,10,14,10A
Law: Punjab Police (Efficiency and Discipline) Rules, 1975
Section: 2(iii)
Law: Pakistan Penal Code (PPC),1860
Section: 302
Tagline : Article 4 of the Constitution provides that the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Torture leads to extrajudicial killings by the Police, presuming de facto impunity and as a means of bringing alleged criminal to justice. The Constitution imposes a duty upon the State to protect the right to life of every citizen and to prevent custodial violence and killings. There is no denial of the fact that the police has the authority to arrest any person who violates the law, but any such action without adopting the due process provided by the Constitution and law, and treating such person inhumanly, cruelly and subjecting that person to torture, constitutes not only a criminal act, but also amounts to a misconduct.
Summary:
The petitioners, police officials accused of unlawfully detaining and torturing Zaryab Khan leading to his custodial death, were acquitted of murder charges due to benefit of doubt. However, in departmental proceedings under Punjab Police (E&D) Rules, 1975, they were found guilty of misconduct for illegal detention and torture. Despite the inquiry officer recommending a minor penalty, the competent authority enhanced it to dismissal. The Supreme Court upheld the dismissal, emphasizing that protection of law is each citizen's inalienable right under Article 4 of the Constitution, which prohibits illegal detention, torture, and extrajudicial killings. The police must act within constitutional due process or else face misconduct charges in addition to criminal liability.
Core Points:
- Article 4 of the Constitution guarantees protection of law as an inalienable right to all citizens.
- Police have authority to arrest but must follow constitutional due process (Articles 10, 14, 10A).
- Torture and extrajudicial killings violate fundamental rights and rule of law.
- Acquittal in criminal court does not preclude departmental action for misconduct under Punjab Police (E&D) Rules, 1975.
- Misconduct includes illegal detention, torture, misuse of authority, and can lead to penalties up to dismissal.
- Competent authority can enhance penalties beyond inquiry officer’s recommendations following due process.
- Departmental proceedings uphold rule of law and public confidence even if criminal charges fail.
- International human rights standards, including UN declarations, support prohibition of torture and illegal detention.
Laws and Sections Table:
| Law/Rule | Relevant Section/Article | Description |
|---|---|---|
| Constitution of Pakistan, 1973 | Article 4 | Protection of law is an inalienable right |
| Constitution of Pakistan, 1973 | Article 10 | Safeguards on arrest and detention: inform grounds, produce before Magistrate within 24 hours |
| Constitution of Pakistan, 1973 | Article 14 | Protection of dignity, privacy of home, prohibition of torture |
| Constitution of Pakistan, 1973 | Article 10A | Right to a fair trial and due process |
| Punjab Police (E&D) Rules, 1975 | Rule 2(iii) | Defines misconduct including misuse of authority and improper conduct |
| Pakistan Penal Code (PPC) | Section 302 | Murder |