HYDERABAD: The Sindh High Court’s Constitutional Bench, Hyderabad circuit, on December 15 directed the provincial police chief to ensure that all torture cells in police stations working under the garb of ‘investigation’ be closed forthwith.
The bench comprising Justice Adnan ul Karim Memon and Justice Riazat Ali Sahar also asked the Sindh Inspector General of Police (IGP) that police delinquent officials be brought to justice forthwith with proper standard operating guidelines (SOPs).
The bench has given a set of nine key guidelines to be considered by the IGP. The bench made it clear that failure to follow the guidelines would lead to departmental action and contempt of court proceedings.
It ordered the chief secretary and IGP to take departmental action against the DSP of Shahdadpur and all officials of the police station concerned, including the SHO and an investigation officer.
It ordered that they should not be allowed to perform operational duties during the relevant departmental inquiry.
Dismisses SHO’s plea against FIA probe into suspect’s custodial death; orders departmental action against DSP and Shahdadpur police officials
The court passed the order while dismissing a petition filed by SHO Ghulam Shabbir Dalwani against the deputy director of Benazirabad FIA, and two individuals, Jam Haider Zaman and Jam Sibtain Sultan.
The petitioner had stated that on the complaint of the two individuals, the Benazirabad FIA had registered an FIR (26/2025) against him (SHO Dalwani) at its police station under Section 8/9 of the ‘Torture and Custodial Death (Prevention & Punishment) Act, 2022’ read with Section 302, 34, 109 & 342 of the Pakistan Penal Code (PPC).
He stated that Jam Hyder Zaman and Jam Sibtain Sultan had alleged before the FIA deputy director at 5pm on Nov 11, 2025, their brother, Jam Aziz Hassan Jakhro, was picked up by policemen, Gul Mohammad alias Gulu Zardari, Noor Ali Lakho and Moharram Ali Zardari.
The complainant, he further stated, went to the Shahdadpur police station and purportedly saw him (SHO Dalwani) and others brutally assaulting Jam Aziz Jakhro and administering electrical shocks. He quoted the complainant as telling the FIA official that they were informed at 10:20pm about their brother’s death in custody. Subsequently FIA registered the FIR (26/25).
He stated that the Judicial Magistrate -II of Shahdadpur directed the FIA deputy director, Hyderabad, to proceed in accordance with law.
SHO Dalwani claimed that the FIA registered the case without following mandatory procedure and that it did not even mention the date of the alleged incident in the prescribed column, although the narration referred to Nov 10.
He said that the IO of the FIR, Wali Mohammad, reported that the suspect had suffered health complications and was being taken to a hospital. There was no allegation of torture, thus taking the matter outside the ambit of the relevant Act, he maintained, and insisted that the FIR was patently illegal.
Petition dismissed
After hearing parties, the bench noted that the JM-II had visited the hospital and was informed by doctors that the body of deceased bore torture signs.
The JM also found the death to have occurred in police custody and, accordingly, the matter was referred to FIA Hyderabad.
The bench in its order discussed provisions of the Act and the cases that fall exclusively in FIA’s jurisdiction.
It observed: “This court is guardian of citizens’ rights, will not tolerate custodial deaths or inaction on the part of SSPs, DSPs, SHOs and other policemen of concerned area who are personally responsible for subordinate’s misconduct if such an incident occurs”.
The court directed the IGP to ensure a departmental inquiry against all delinquent officials, duly supervised by the CS Sindh with a DIG of good repute nominated by him. “In present case, FIA has exclusive jurisdiction over custodial torture and deaths involving public officials; registration of FIR and investigation by FIA are lawful while local police cannot investigate such matters. Impugned FIR and FIA investigation are held valid,” said the order.
Dismissing the SHO’s petition, the bench asked the petitioner to appear before the IO of the FIA for probe.
Published in Dawn, December 16th, 2025.