| Citation(s) |
|---|
| 2026 SLD 3345 = 2026 SHC 701 |
Sindh High Court
Constitution Petition No. D-202 of 2026
Presented By: Mr. Justice Muhammad Saleem Jessar, Mr. Justice Nisar Ahmed Bhanbhro
Petitioner Mst. Rani Khatoon
Respondent No.1 (Province of Sindh through Home Secretary)
Respondent No.3 (IGP Sindh)
Respondent No.4 (SP Malir)
Respondent No.5 (SHO, P.S Sachal)
Respondent No.2 [Director General Rangers (Sindh)] : Through Mr. Shah Imroz Khan, Advocate : Through M/s. Hakim Ali Shaikh and Sageer Ahmed Abbasi, Additional Advocates General, Sindh Mr. Zahoor Shah, Additional Prosecutor General, Sindh alongwith Mr. Abdul Baqi Rind, SP Sohrab Goth Division and PI Ameen Khoso, SHO, P.S Sachal Through Mrs. Shazia Hanjrah, DAG and Mr. Habib Ahmed, Special Prosecutor Pakistan Rangers (Sindh) Date of hearing and judgment : 01.04.2026
Constitution Petition No. D-202 of 2026
Presented By: Mr. Justice Muhammad Saleem Jessar, Mr. Justice Nisar Ahmed Bhanbhro
Petitioner Mst. Rani Khatoon
Respondent No.1 (Province of Sindh through Home Secretary)
Respondent No.3 (IGP Sindh)
Respondent No.4 (SP Malir)
Respondent No.5 (SHO, P.S Sachal)
Respondent No.2 [Director General Rangers (Sindh)] : Through Mr. Shah Imroz Khan, Advocate : Through M/s. Hakim Ali Shaikh and Sageer Ahmed Abbasi, Additional Advocates General, Sindh Mr. Zahoor Shah, Additional Prosecutor General, Sindh alongwith Mr. Abdul Baqi Rind, SP Sohrab Goth Division and PI Ameen Khoso, SHO, P.S Sachal Through Mrs. Shazia Hanjrah, DAG and Mr. Habib Ahmed, Special Prosecutor Pakistan Rangers (Sindh) Date of hearing and judgment : 01.04.2026
(Mst. Rani Khatoon
VS
. Province of Sindh & others)
Law: Constitution of Pakistan, 1973
Section: 199,14
Law: Code of Criminal Procedure, 1898
Section: 173
Law: Pakistan Penal Code, 1860
Section: 353,324,34
Law: Torture and Custodial Death (Prevention and Punishment) Act, 2022
Section: 5,7,13
Summary The petitioner filed a habeas corpus petition alleging that her brother was unlawfully taken from their home by unknown persons and later killed in a staged police encounter. The police claimed he died during an armed encounter and relied on an FIR and investigation report. The Court found the circumstances surrounding the alleged encounter suspicious, emphasizing that even proclaimed offenders are entitled to due process and cannot be subjected to custodial killings. Referring to the Torture and Custodial Death (Prevention and Punishment) Act, 2022, the Court held that allegations of custodial death must be investigated exclusively by the FIA. The petition was disposed of with directions to transfer the investigation to the FIA for an independent inquiry within the statutory period. Sections Used Article 199, Constitution of the Islamic Republic of Pakistan, 1973 Article 14, Constitution of the Islamic Republic of Pakistan, 1973 Section 173, Code of Criminal Procedure, 1898 Sections 353, 324 & 34, Pakistan Penal Code, 1860 Sections 5, 7 & 13, Torture and Custodial Death (Prevention and Punishment) Act, 2022 Two 2-Word Descriptions Custodial Death Fake Encounter JUDGMENT Through instant Petition, the petitioner sought indulgence of this Court for directions to recover the brother of Petitioner namely Shahmeer S/o Muhammad Urs, allegedly taken away by unknown persons from her house in the wee hours of night intervening between 14th and 15th January 2026. It is the case of the Petitioner that her brother Shameer was taken away by some unknown persons in the intervening night of 14th and 15th January, 2026 from her house located within the premises of Police Station Sachal District Malir and thereafter his whereabouts were not known. Petitioner approached police station Sachal and sent applications to the Inspector General of Police, Sindh, SSP Malir and SHO, P.S Sachal on 15.01.2026 through courier, so also filed this petition seeking writ in the nature of habeas corpus. The petition was presented in the office on 15.01.2026 and placed before the Court on 19.01.2026, when notices were ordered. SHO…