LAHORE: In a significant move to ensure the enforcement of “The Torture and Custodial Death (Prevention and Punishment) Act, 2022,” the Lahore High Court has mandated the immediate transfer of all cases involving custodial torture, death, or rape to the Federal Investigation Agency (FIA). This directive came after Justice Ali Zia Bajwa criticized the lack of implementation of the 2022 Act, attributing it to negligence, inaction, and indifference by public officials, which he said violates fundamental rights.
Justice Bajwa emphasized that the FIA has exclusive jurisdiction to investigate such cases under the supervision of the National Commission for Human Rights (NCHR). He highlighted that the NCHR’s neglect of its duties has led to a severe miscarriage of justice in numerous cases. The judge stressed that the legislative intent of empowering the NCHR was to ensure vigilance and proactive measures against human rights violations.
“The police have no jurisdiction to investigate these cases under the 2022 law,” Justice Bajwa noted, instructing that all ongoing investigations related to custodial torture, deaths, and rapes be transferred to the FIA immediately. Furthermore, any future complaints received by the police regarding such matters must be promptly referred to the FIA.
Justice Bajwa criticized the police for dragging their feet on these complaints and emphasized the need for swift action in line with the spirit of the law. He also ordered that all such cases, registered after the enactment of the 2022 Act and currently pending trial, be moved to the court of sessions for proper judicial process.
The court directed government lawyers to inform the Chief Minister of Punjab and the Federal Minister for Interior about the issues surrounding the implementation of the 2022 Act. Additionally, copies of the judgment were to be sent to the Chairperson of the NCHR and the Director General of the FIA.
Justice Bajwa underscored the importance of public awareness about the provisions of the 2022 Act and instructed the government to ensure its comprehensive publicity among the masses.
The judge’s observations came while hearing a petition from a woman seeking the recovery of her brother-in-law and nephew from the custody of the Manga Mandi police. The police revealed that both men had been killed in an encounter and buried without informing their families. Justice Bajwa described this situation as a harrowing example of police brutality and high-handedness, calling it a textbook case of police atrocities that could not be ignored.
This ruling marks a crucial step towards addressing human rights violations and ensuring accountability within law enforcement agencies in Pakistan.