livelawpk.com - Torture and Custodial Death (Prevention and Punishment) Act,

Torture and Custodial Death (Prevention and Punishment) Act, 2022 is Special Law enacted to prevent and punish acts of torture and custodial death; the FIA under the supervision of the National Commission for Human Rights, has the exclusive authority to investigate such cases --- Lahore High Court, Lahore

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Torture and Custodial Death (Prevention and Punishment) Act, 2022 is Special Law enacted to prevent and punish acts of torture and custodial death; the FIA under the supervision of the National Commission for Human Rights, has the exclusive authority to investigate such cases --- Lahore High Court, Lahore

Islamabad 16-08-2024: In a significant ruling, the Lahore High Court's Bahawalpur Bench has set aside an order by the Ex-officio Justice of Peace, underscoring the applicability of the Torture and Custodial Death (Prevention and Punishment) Act, 2022 ("Act of 2022") in cases involving allegations of torture and custodial deaths by public officials. The judgment, delivered by Mr. Justice Tariq Saleem Sheikh, highlights the exclusive jurisdiction of the Federal Investigation Agency (FIA) under the Act, even when a First Information Report (FIR) has already been registered by the local police under different laws.

The case arose when petitioner Zubaida Qureshi sought the registration of an FIR against several respondents, including police officials, alleging that they had illegally detained and killed her family members in a staged encounter. The petitioner initially approached the Ex-officio Justice of Peace under Section 22-A of the Code of Criminal Procedure (Cr.P.C.) to direct the police to register the FIR. However, her application was dismissed due to an alleged delay in filing.

Mr. Justice Tariq Saleem Sheikh, after reviewing the facts and legal arguments, ruled that the Ex-officio Justice of Peace had erred in dismissing the application solely on the grounds of delay. The Court emphasized that the impact of any delay in filing should be determined by the trial Court, not at the preliminary stage.

The Court further clarified that the Act of 2022, enacted to prevent and punish acts of torture and custodial death, introduces a new legal remedy that overrides conflicting provisions in other laws, including the Cr.P.C. This means that the FIA, under the supervision of the National Commission for Human Rights, has the exclusive authority to investigate such cases, irrespective of any previous FIRs filed by the local police.

The judgment establishes several important legal principles:

The Act of 2022 applies to all forms of custody, including instances where an individual is under police control or restraint, even if not formally arrested.

The FIA has exclusive jurisdiction to investigate allegations of torture and custodial death under this Act.

The registration of a second FIR is permissible under the Act of 2022, as it provides a federal remedy distinct from local police investigations.

The timelines set out in the Act for investigation and trial are mandatory, reinforcing the need for timely justice in cases of custodial misconduct.

The High Court's ruling is expected to have wide-reaching implications for how cases of alleged torture and custodial deaths are handled in Pakistan. By affirming the supremacy of the Act of 2022, the judgment ensures that public officials accused of such grave offenses are subject to rigorous and independent investigations, thereby strengthening protections against human rights abuses.

The Court has directed the petitioner to file a complaint with the FIA, which is now tasked with investigating the matter according to the procedures established by the Act. This decision reinforces the role of the judiciary in upholding the rights of citizens against unlawful actions by state actors.