جعلی پولیس مقابلوں، زیر حراست ملزمان کی ہلاکتوں پر لاہور ہائیکورٹ
کا انتہائی سخت رد عمل
PLJ 2024 Cr.C. 1211
.jfif)
Zero tolerance should be shown against the fake police
encounters. Fake police encounters (naeem)cannot be permitted in guise of
self-defence by the police officials.
Crl. Misc.36448/24
Mst. Farzana Bibi Vs C.C.P.O. Lahore etc
PLJ 2024 Cr.C. 1211
[Lahore High Court, Lahore]
Present: Ali Zia Bajwa, J.
Mst. FARZANA BIBI--Petitioner
versus
CAPITAL CITY POLICE OFFICER, etc.--Respondents
Crl. Misc. No. 36448-H of 2024, decided on 13.6.2024.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 491--Constitution of Pakistan, 1973, Arts. 4, 9,
10-A, 14--Petition for recovery of detenue--Illegal and improper custody--Death
of detenue in police encounter--Mishandling of bodies--Tragic loss--Violation
of fundamental rights--Extrajudicial killing--Right of self defence--Prompt
response-- Extrajudicial killings are severe breaches of human rights and
international law, involving unlawful execution of individuals without due
process, often carried out by law enforcement agencies--The right of self-defence
and scourge of fake police encounters present a complex interplay of duty and
ethics--By developing oversight mechanism, enhancing training, ensuring
transparency, reinforcing legal standards, and nurturing community relations,
fake police encounters can be prevented--This equilibrium safeguards integrity
of criminal justice system, affirming that law, though sometimes wielded in
defence, is never a tool for extrajudicial retribution--The prompt response of
Provincial Police Officer eloquently reflects his genuine intent to curb
abhorrent practice of fake police encounters--Through thoughtful reforms and
steadfast vigilance, he strives to restore sanctity of criminal justice system
and public trust--An application concerning allegation of a fake police
encounter has been submitted to Federal Investigation Agency for further
proceedings against implicated police officials-- As a clear directive has been
issued by Provincial Police Officer, mandating zero tolerance for fake police
encounters throughout province--Petition disposed of.
[Pp. 1214, 1216 & 1218] B, C, D, E & F
Constitution of Pakistan, 1973--
----Arts. 4, 9, 10-A & 14--Right to life--Right to fair
trial--Article 4 asserts inalienable right of individuals to be treated in
accordance with law, a principle utterly disregarded when law enforcement
operates outside legal boundaries--Article 9 enshrines right to life and
liberty, rights that are irrevocably denied when individuals are unlawfully
deprived of their lives--Article 10 ensures right to a fair trial, a
cornerstone of justice that is completely negated by summary
executions--Article 10-A further reinforces right to a fair trial and due
process, underscoring necessity of legal proceedings before any punitive
measures can be taken--Article 14 guarantees inviolability of dignity of man, a
dignity that is irreparably shattered by brutal and arbitrary nature of
extrajudicial killings.
[P. 1213] A
Malik M. Sajjad Nawaz, Advocate for Petitioner.
Mr. Shahid Nawab Cheema, AAG, Hafiz Asghar Ali and Mr.
Muhammad Moeen Ali, Deputy Prosecutors General with Dr. Usman Anwar, Provincial
Police Officer, Zeeshan Asghar DIG (Investigation), Faisal Kamran DIG
(Operation), Malik Awais, DIG (Legal), Abdul Hanan, S.P. (Operations) Civil
Lines, Safdar SI, Touqeer SI, Javed SHO, Ali Jan Khan, Secretary S&ME, Dr.
Muhammad Akhtar, M.S., Mian Munshi Hospital, Dr. Mansoora Mirza, Assistant
Professor, Forensic Department KEMU, Lahore for State.
M/s. Asad Manzoor Butt, Qadir Bakhsh Chahal, Hafiz M. Nauman
Zafar and Hafiz Sami-ur-Rehman, Advocates for Respondents.
Date of hearing: 13.6.2024.
Judgment
Through this petition filed under Section 491 of the
Criminal Procedure Code, 1898 (hereinafter ‘the Code’) the recovery of the
alleged detenus, namely Shahzad and Asheek, has been sought. It has been
asserted that the detenus are currently held in illegal and improper custody by
the respondent, No. 2/Station House Officer of Police Station Sundar, Lahore.
2. On 07.06.2024 Respondent No. 2, the Station House Officer
of Police Station Sundar, Lahore, was directed to present the detenus before
the Court on the next scheduled hearing date. On that date of hearing, the
learned law officer informed the Court that the detenus were killed in an
alleged police encounter within the territorial jurisdiction of Police Station
Lytton Road, Lahore. Consequently, FIR No. 1042/2024 has been registered under
Sections 302, 353, 186, and 34 of the Pakistan Penal Code, read with Section
13-2(a) of the Punjab Arms Ordinance, 1965. The Deputy Inspectors General of
Police, Operations and Investigation Wing, were summoned to appear with the
complete case record. Shockingly, the records presented were incomplete, due
process had not been followed, and mandatory procedures were bypassed. Such a
dire and distressing state of affairs necessitated the summoning of the
Provincial Police Officer and the Secretary Health, Government of Punjab.
3. Arguments heard; record perused.
4. In this case, the tragic loss of two young men in an
alleged police encounter under suspicious circumstances has cast a long shadow
over the entire chain of incidents. The mishandling of their bodies and the
botched investigation have added fuel to the fire, making the entire affair
appear highly dubious. It is as if the police authorities have opened a
Pandora’s box, allowing a cascade of doubts and mistrust to spill forth,
tarnishing the credibility of the entire operation. The incident, shrouded in a
fog of uncertainty, called for a thorough and transparent inquiry to clear the
air and restore faith in the criminal justice system.
5. Extrajudicial killings are egregious violations of the
fundamental rights enshrined in the Constitution of the Islamic Republic of
Pakistan, 1973. These heinous acts flagrantly contravene the protections
guaranteed under Articles 4, 9, 10, 10-A, and 14, which collectively uphold the
sanctity of life, due process, and human dignity. Article 4 asserts the
inalienable right of individuals to be treated in accordance with the law, a
principle utterly disregarded when law enforcement operates outside legal boundaries.
Article 9 enshrines the right to life and liberty, rights that are irrevocably
denied when individuals are unlawfully deprived of their lives. Article 10
ensures the right to a fair trial, a cornerstone of justice that is completely
negated by summary executions. Article 10-A further reinforces the right to a
fair trial and due process, underscoring the necessity of legal proceedings
before any punitive measures can be taken. Article 14 guarantees the
inviolability of the dignity of man, a dignity that is irreparably shattered by
the brutal and arbitrary nature of extrajudicial killings. Extra-judicial
killings not only breach these fundamental rights but also undermine the very
essence of the rule of law, casting a shadow over the legitimacy and integrity
of the State. To preserve the sanctity of the Constitution and the rights it
guarantees, it is imperative to categorically condemn and eradicate such
unlawful practices.
6. Extrajudicial killings are severe breaches of human
rights and international law, involving the unlawful execution of individuals
without due process, often carried out by law enforcement agencies. Key
international laws addressing this issue include the Universal Declaration of
Human Rights, 1948 (UDHR) and the International Covenant on Civil and Political
Rights, 1966 (ICCPR). Article 3 of the UDHR and Article 6 of the ICCPR protect
the right to life and prohibit arbitrary deprivation of life. The United
Nations has established principles for preventing and investigating
extrajudicial killings. These include the UN Principles on the Effective
Prevention and Investigation of Extra-Legal, Arbitrary, and Summary Executions,
1989 and the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, 1990. These legal instruments emphasize thorough,
prompt, and impartial investigations and the necessity of proportional and
last-resort use of force by law enforcement. The United Nations plays a crucial
role in addressing extrajudicial killings through mechanisms like the Special
Rapporteur on extrajudicial, summary, or arbitrary executions, who investigates
and reports on such violations. States are obligated to prevent, investigate,
and punish extrajudicial killings and provide remedies to victims, ensuring
compliance with international human rights standards.
7. The criminal justice system is designed to ensure that
every individual, regardless of their alleged crimes, is entitled to a fair
trial. This process is integral to upholding the rule of law, maintaining
public confidence in justice, and protecting human rights. When police officers
take the law into their own hands, they corrode this trust and subvert the
criminal justice system. They assume the roles of judge, jury, and executioner,
which is anathema to the principles of fair trial, governance and justice.
8. The assertion that police kill hardened and desperate
criminals in encounters lacks any legal foundation and fundamentally challenges
the credibility and effectiveness of the criminal justice system. Such an
ill-founded rationale is not only legally indefensible but also morally
reprehensible. By bypassing due process and resorting to extrajudicial
killings, law enforcement undermines the very principles upon which a just
society is built. Furthermore, this practice casts a long shadow of doubt over the
integrity of law enforcement agencies. It suggests a lack of faith in the
ability of criminal justice system to deliver justice and a preference for
brute force over legal scrutiny. Such actions propagate a dangerous message
that the State approves lawlessness among its enforcers. This not only
perpetuates a cycle of violence but also breeds resentment and fear within the
community.
9. The sacrifices of law enforcement agencies in
safeguarding the lives of citizens are nothing short of highly commendable and
invaluable. These valiant guardians stand as sentinels at the gates, often
paying the ultimate price to ensure our safety. Their blood becomes the ink
with which the story of our security and safety is written. Their courage and
valour play the role of a shield that deflects harm from our doors. Every drop
of their blood spilled in the line of duty speaks volumes of their dedication
and the profound cost of our peace. Their sacrifices create a sanctuary,
allowing us to live our lives without fear. However, under the guise of
self-defence, fake police encounters cannot be justified. These nefarious acts,
though perpetrated by a small fraction, cast a long shadow over the honour and
integrity of entire police department. Those who indulge in such nefarious
activities must be rooted out with steadfast resolve.
10. The right of self-defence is a fundamental right
bestowed upon both individuals and law enforcement alike. For the police, this
right becomes a vital tool in the discharge of their duties, enabling them to
protect not only their lives but also the lives of innocent civilians. In the
realm of law enforcement, the right of self-defence is not merely a privilege
but a necessity. Police officers frequently find themselves in perilous
situations where split-second decisions can mean the difference between life
and death. The law acknowledges this harsh reality, permitting the use of force
to neutralize threats and ensure public safety. Yet, this power must be wielded
with utmost responsibility and discernment and use of power must be
proportionate to the threat faced.
11. The complex nature of self-defence can sometimes be
overshadowed by the issue of fake police encounters, leading to significant
ethical and legal challenges. Striking a balance between the legitimate right
of self-defence and the prevention of fake encounters necessitates a balanced
approach. A stringent oversight mechanism must be evolved within police
department. Independent body in the spirit of The Torture and Custodial Death
(Prevention and Punishment) Act, 2022 should investigate the incidents where
lethal force is used, ensuring that each case is meticulously scrutinized and
that any misuse of power is promptly addressed. Legal framework should be
fortified to delineate clear boundaries for the use of force. It is a settled
law that the right of self-defence is contingent upon the presence of an
immediate and credible threat. Any deviation from this standard should be met
with severe repercussions, reinforcing the message that extrajudicial actions
will not be tolerated.
12. Training is another cornerstone in this delicate
balance. Police officers must be rigorously trained not only in tactical
response but also in de-escalation techniques. Emphasizing the sanctity of life
and the principles of proportionality and necessity can help prevent the
knee-jerk resort to lethal force. Officers should be equipped to assess threats
accurately and respond appropriately, minimizing the risk of excessive force.
Transparency is also crucial. The public must be kept informed about the policies
governing the use of force and the measures taken to investigate and rectify
any abuses. Body cameras and other forms of surveillance can serve as impartial
witnesses, providing clear evidence of the circumstances surrounding each
encounter.
13. In conclusion, the right of self-defence and the scourge
of fake police encounters present a complex interplay of duty and ethics. By
developing oversight mechanism, enhancing training, ensuring transparency,
reinforcing legal standards, and nurturing community relations, the fake police
encounters can be prevented. This equilibrium safeguards the integrity of the
criminal justice system, affirming that the law, though sometimes wielded in
defence, is never a tool for extrajudicial retribution.
14. The Provincial Police Officer, upon his appearance
before the Court, unequivocally asserted that the sanctioning of fake police
encounters is untenable, as such actions carry with them severe penal
consequences. His written statement has also been entered into the record,
reaffirming the assertions he made before the Court. A circular dated
12.06.2024 has also been placed on the record issued by the Central Police
Office, Punjab, Lahore regarding the police encounters which has been
reproduced hereinafter:
Description: WhatsApp Image 2024-11-15 at 4
Description: WhatsApp Image 2024-11-15 at 4
The prompt response of the Provincial Police Officer
eloquently reflects his genuine intent to curb the abhorrent practice of fake
police encounters. Through thoughtful reforms and steadfast vigilance, he
strives to restore sanctity of the criminal justice system and public trust.
15. Learned counsel for the petitioner informed the Court
that an application concerning the allegation of a fake police encounter has
been submitted to the Federal Investigation Agency for further proceedings
against the implicated police officials. It is anticipated that the Federal
Investigation Agency will diligently complete the investigation under the
supervision of National Commission for Human Rights within the stipulated time,
adhering strictly to the provisions of The Torture and Custodial Death (Prevention
and Punishment) Act, 2022. As a clear directive has been issued by the
Provincial Police Officer, mandating zero tolerance for fake police encounters
throughout the province, this Court hereby disposes of this petition with the
expectation that the aforementioned circular shall be implemented in its true
letter and spirit without fail.
(Ali Zia Bajwa)
Judge
Order was pronounced and written on 13.06.2024 and after
completion it was signed on 14.06.2024.
(Y.A.) Petition disposed of
.jfif)
