My friends, this message is extremely important for all those who have faced police custody, police torture, illegal detention, unlawful raids, or harassment. Please read this carefully, as it concerns your legal rights and remedies.
A significant order has recently been passed by the Prosecutor General Punjab, Mr. Farhad Ali Shah.
The Incident
An SHO from Narang Mandi, District Sheikhupura, allegedly conducted a raid at the home of a lawyer. The lawyer was handling a particular case, and the allegation was that the raid was carried out to harass him and pressure him into withdrawing from that case.
The lawyer was taken to the police station and reportedly kept there for 4–5 hours. The matter soon became high-profile. When the information reached the Prosecutor General Punjab, he took immediate notice under Section 10(3) and issued notices to both parties.
An FIR was registered against the SHO under:
- Section 342 of the Pakistan Penal Code (wrongful confinement), and
- Section 155-C of the Police Order (police misconduct).
However, two critical legal issues were identified.
1. Protection of Lawyers Under the 2023 Act
The Prosecutor General referred to the Punjab Lawyers Welfare and Protection Act, 2023.
Under Section 2-A of the Act, harassment of a lawyer in the discharge of professional duties constitutes an act of violence.
The question raised was:
If such protection exists under the law, why was the relevant section not added to the FIR?
This was treated as a serious omission.
2. Investigation of Custodial Torture – Not by Police
The second and even more important issue concerned the Torture and Custodial Death (Prevention and Punishment) Act, 2022.
Under Section 5 of the Act, cases involving police torture, illegal custody, or custodial violence must not be investigated by the police department itself.
In this case, the investigation had been assigned to a low-ranking police officer from the same department. The Prosecutor General observed that such an investigation could never be fair or impartial.
He clarified that under the law:
- If police conduct a raid,
- Seize property,
- Attempt arrest,
- Or exercise control over a person
Whether a formal arrest is shown or not, the individual is considered to be in police custody.
Therefore, the matter fell within the scope of custodial misconduct.
In light of this, the investigation was transferred to the Federal Investigation Agency (FIA), as required by law.
Judicial Support: A Landmark Judgment
Reference was also made to a powerful judgment by Justice Ali Zia Bajwa in the case of Sariya Bibi vs DPO Sheikhupura.
In that judgment, it was clearly held that:
- Any case involving police torture, custodial violence, or custodial death must be investigated by the FIA, not by the police themselves.
The Prosecutor General emphasized that assigning such a case to a low-ranking officer from the same department is a violation of the 2022 Act.
Why This Matters for Lawyers and Citizens
This development is extremely important for all lawyers and citizens.
Whenever you are dealing with:
- Police custodial torture
- Illegal detention
- Custodial death
- Abuse of authority
You must ensure that:
- The relevant sections of the 2022 Torture Act are applied.
- The investigation is transferred to the FIA.
- Any applications or complaints are moved before the competent forum with reference to this legal framework.
This order and the referenced judgment provide a strong legal foundation for protecting fundamental rights against custodial abuse.
Acknowledgment
Appreciation is due to Prosecutor General Punjab Mr. Farhad Ali Shah and Justice Ali Zia Bajwa for their clear stance and strong legal reasoning. Their actions strengthen accountability within law enforcement and reinforce protections against custodial abuse.
This is not just a case, it is a precedent that empowers lawyers and protects citizens.
If you are facing a similar issue, know your rights and take action under the proper legal provisions.