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SC Upholds State’s Duty to Prevent Custodial Violence in Zaryab Khan Case
Supreme Court rules the state must protect citizens’ right to life and prevent custodial torture, dismissing appeals in the Zaryab Khan death case. Strong call for police oversight.
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by Muhammad Hashir
2025-11-29
SC Upholds State’s Duty to Prevent Custodial Violence in Zaryab Khan Case

The Supreme Court of Pakistan has reaffirmed the state’s constitutional duty to protect the fundamental right to life and prevent custodial torture, as it dismissed appeals filed by two Federal Investigation Agency (FIA) officials accused in the 2020 custodial death of Zaryab Khan in Dera Ghazi Khan.

The two officials, previously acquitted by a criminal court, were dismissed from service by the regional police officer for misconduct. They later approached the Supreme Court, arguing that their dismissal was unjustified following their acquittal.

However, in a seven-page judgment authored by Justice Jamal Khan Mandokhail, the apex court upheld the earlier decision and maintained their dismissal, stressing the state’s responsibility to safeguard citizens from illegal detention, brutality and extrajudicial killings.

“Right to Life Is Supreme”

Justice Mandokhail wrote that the Constitution “imposes a duty upon the State to protect the right to life of every citizen and to prevent custodial violence and killings”, noting that the right to life is recognised as the “supreme human right” in international human rights law.

He emphasised that constitutional guarantees against illegal detention, arrest, torture and extrajudicial killings form the bedrock of Pakistan’s legal framework.

“Torture and other cruel, inhumane, or degrading treatment … are not permitted in any circumstance,” the ruling stated, adding that such practices violate human dignity, the rule of law, and fundamental rights.

Call for Strong Police Oversight

The judgment expressed concern over instances where torture leads to extrajudicial killings, fuelled by a perception of impunity. Justice Mandokhail called for an “effective, dedicated, external” police oversight mechanism, describing it as “the need of the hour”.

Citing the Universal Declaration of Human Rights (UDHR), the ruling underscored protections against torture and affirmed the right to life, liberty and security for all individuals.

Constitutional Guarantees Revisited

The judgment reaffirmed several constitutional safeguards:

·       Article 4: No action adverse to life, liberty, body or property can be taken except in accordance with law.

·       Article 10: Mandates that no arrested person be detained without being informed of the grounds and must be produced before a magistrate within 24 hours.

·       Article 14: Protects human dignity and prohibits torture.

Justice Mandokhail stressed that due process is an inalienable right of every citizen and that the police, as custodians of the law, bear a responsibility to uphold these protections.

“When a government functionary harms a person without following the law, it constitutes a violation of fundamental rights and due process,” the ruling said.

Officials’ Actions Declared Misconduct

The court held that the FIA officials acted beyond their authority by illegally detaining and torturing Zaryab Khan, conduct that falls under “grave misconduct” as defined in the 1975 Rules. Their dismissal, therefore, was justified despite their earlier acquittal in the criminal trial.

Wider Context of Custodial Abuse

The ruling comes amid rising concerns over police violence in Pakistan. In October, former Supreme Court judge Justice Athar Minallah termed extrajudicial killings, custodial torture and excessive use of force as among the most “intolerable crimes” in a democratic society.

According to Human Rights Commission of Pakistan (HRCP) data, Punjab recorded more than 500 alleged police encounters since January 2025, resulting in over 670 fatalities—higher than any other province.
Tagged:

PakistanJudiciary

SupremeCourt

RightToLife

CustodialTorture
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