LHC cancels FIR in custodial torture case transferred to FIA

F.P. Report

LAHORE : Justice Tariq Saleem Sheikh of the Lahore High Court (LHC) has cancelled a police-registered FIR in a custodial torture case that was transferred to the FIA before trial began.

The 29-page judgment clarified a key legal question: Who investigates cases of custodial torture and deaths? Justice Sheikh ruled that if the police register an FIR for custodial torture or death but the case is later transferred to the FIA, the original FIR may be cancelled, and the FIA is expected to lodge a fresh one.

The court also observed that the Punjab government has not taken adequate steps to implement the Torture and Custodial Death (Prevention & Punishment) Act, including awareness campaigns or staff training.

The judgment directed the Punjab Chief Secretary and other authorities to ensure immediate enforcement of the Act. However, it stated that if the trial has already started, the police FIR cannot be cancelled and the FIA does not need to file a new one. The police FIR in such cases will not harm the ongoing trial.

Justice Sheikh also granted bail to constable Aftab Mahmood, who was arrested in the case. The court considered three legal questions, including whether the police can lodge FIRs under the Torture Act and how investigations should proceed if transferred to FIA.

The decision was issued after seeking input from the Attorney General, Advocate General, Prosecutor General, and court-appointed amici curiae, Barrister Haider Rasul Mirza and Advocate Quratul Ain Afzal.

The Advocate General stated that the FIA should investigate such cases under the Human Rights Commission’s supervision, and any criminal action against public officials must follow prior approval from relevant authorities.

The judgment acknowledged that FIA may start an investigation even without an FIR and submit a report in court. In this case, although the FIR was flawed, the trial is underway and no signs of bias or illegality against the accused police officer were found. The court approved bail for Aftab Mahmood against surety bonds worth Rs 200,000.

Aftab had been booked, along with other officers, for allegedly torturing a detainee at Gujrat’s Lorry Adda Police Station in 2025. His lawyer argued that only the FIA has the authority to investigate such cases under the Torture and Custodial Death Act, and police failed to meet legal requirements when registering the FIR.