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SHC rules criminal record cannot justify extrajudicial killings by police

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Sindh High Court rules police cannot kill suspects extrajudicially, transfers Shah Mir custodial death case to FIA, orders 30-day probe with witness statements recorded.

KARACHI (Dunya News) – The Sindh High Court (SHC) has ruled that no individual’s criminal record granted police the authority to carry out extrajudicial killings.

The decision came during hearings on the death of Shah Mir, who went missing and was allegedly killed in a police encounter.

According to the petitioner’s lawyer, Shah Mir was taken into custody and killed in a staged encounter. Government lawyers claimed that the deceased was a habitual offender and that the case had already been presented in court.

The court observed that the sequence of events made the encounter suspicious. The petition was filed on January 15, while the alleged encounter occurred on January 17.

Citing Article 14 of the Constitution, the court stressed the protection of human dignity and safeguards against torture.

The judgment emphasized that police are obligated to present suspects before the court rather than administering punishment themselves. Allowing such actions would undermine the judicial system.

Under the Torture and Custodial Death Act, the court directed that investigations into the case fall under the jurisdiction of the Federal Investigation Agency (FIA).

The case has now been officially transferred to the FIA, which must complete its investigation within 30 days.

Investigators are required to record statements from the petitioner and other witnesses, and copies of the findings must be sent to relevant authorities promptly.  

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