زیر حراست پولیس ہلاکت، تشدد یا ریپ کے الزامات میں پولیس کو مقدمہ کی تفتیش کا کوئی اختیار نہ ہے۔ان مقدمات میں صرف اور صرف ایف آئی اے کو تفتیش کا اختیار حاصل ہے

 The jurisdiction to investigate cases of custodial torture, deaths, and rapes resides exclusively with the Federal Investigation Agency (FIA) under the Torture and Custodial Death (Prevention and Punishment) Act, 2022. Police authorities are hereby directed to cease all investigations pertaining to such matters, ensuring prompt adherence to the provisions of the aforementioned Act.

I.The issue of implementation of the Act of 2022 shall be formally brought to the attention of the Chief Minister of Punjab, conveyed through the Principal Secretary to the Chief Minister. Simultaneously, the issue shall also be presented to the Federal Minister, Ministry of Interior, Government of Pakistan, through the Federal Secretary Ministry of Interior. They shall assiduously ensure the swift and thorough execution of the Act of 2022, sparing no effort to guarantee its full and immediate implementation. Their prompt and decisive intervention is essential to ensure the effective enforcement of the Act of 2022, thereby precluding any further delay in its execution.

II. A copy of this judgment shall be dispatched to the Chairperson of the National Human Rights Commission of Pakistan and the Director General of the Agency. They are mandated to assume a proactive role and take on the responsibility for the implementation of the Act of 2022, ensuring that its provisions are diligently and effectively enforced.

III. As the Police are devoid of the requisite jurisdiction to investigate cases pertaining to allegations of custodial torture, deaths, and rapes, therefore, all the cases of custodial torture, deaths, and rapes currently under investigation, and registered after the promulgation of the Act of 2022, shall forthwith be transferred to the Agency for the purpose of investigation by the Provincial Police Officer without fail, in the same manner, as the investigation in the case at hand was transferred to the Agency.

IV. In the future, if the police receive any complaints regarding custodial torture, death, or rape, such matters shall be promptly referred to the Agency to initiate proceedings swiftly in the spirit of the Act of 2022. The police, having no jurisdiction to investigate such cases, ought not to drag their feet on these complaints.

V. All the cases of custodial torture, registered after the promulgation of the Act of 2022, currently pending trial before any other court shall be transferred to the Court of Sessions for trial, per the spirit of Section 6 of the Act of 2022.

VI. The Government shall undertake all necessary measures to ensure comprehensive publicity of the provisions of the Act of 2022. Such measures shall include but are not limited to, regular dissemination of information through the media to ensure widespread awareness among the public.

VII. The relevant public officials must receive periodic sensitization and awareness training pertaining to the issues addressed in the Act of 2022, therefore, training should be arranged and structured to ensure that officials are well-informed and adequately prepared to implement and uphold the provisions of this Act.

VIII. The Act of 2022 should be implemented with all due haste, leaving no stone unturned in that regard without further ado because it is better late than never. A copy of this judgment shall also be sent to all the stakeholders designated under the Act of 2022, through the Office of the Registrar of this Court, to ensure strict compliance.

WP 61743/23
Mst. Sarriya Bibi Vs RPO Sheikhupura etc.
Mr. Justice Ali Zia Bajwa
09-04-2024
2024 LHC 2550