LHC transfers custodial death cases to FIA

The Lahore High Court (LHC) has ruled that cases involving torture or custodial deaths, if falling under the Torture and Custodial Death (Prevention and Punishment) Act, 2022, must be transferred from local police to the Federal Investigation Agency (FIA), provided that courts have not yet taken cognizance of the matter.

Justice Tariq Saleem Sheikh issued the directive while hearing the post-arrest bail petition of police official Aftab Mehmood.

The petitioner, along with colleagues, was accused of torturing a suspect, Shehroze Haider, during custody in a robbery case.

The alleged torture led to Haider's death and an FIR was registered at Lorry Adda Police Station, Gujrat, under the Pakistan Penal Code and Police Order 2002.

The High Court questioned the jurisdiction of the local police, stating that such cases must be prosecuted under the 2022 Act and fall under FIA's jurisdiction.

Justice Sheikh addressed three legal questions: the proper procedure for prosecuting offences under the Act; whether FIRs registered by local police could be transferred to the FIA; and the status of prior investigations by local police.

The ruling clarified that if courts have not taken cognizance of such cases, the local police must cancel the FIR, and the FIA must register a new one. However, if the trial has begun, the existing FIR will stand, and no new FIR will be required.

Regarding evidence collected by unauthorised agencies, Justice Sheikh noted that while procedural irregularities may exist, they do not necessarily vitiate the trial unless prejudice or injustice can be demonstrated.

He further held that under Section 156(2) CrPC, investigations by an unauthorised agency remain valid unless they have resulted in injustice.

The FIA, upon transfer of such cases, can assess the existing evidence and submit a new or supplementary report as required.