In a powerful dissenting note in the case concerning the killing of Mohammad Hayat Mirza, Justice Athar Minallah described extra-judicial killings, custodial torture, and the excessive use of force as the most “intolerable crimes” in a democratic society, terming them the “worst form of violation” of the Constitution.
Regrettably, the practice of extra-judicial killings by law enforcement agencies has become a deeply troubling norm in Pakistan. This unconstitutional and illegal trend continues unabated despite the clear constitutional safeguards guaranteeing the right to life and due process under the Constitution of the Islamic Republic of Pakistan, 1973.
Extra-judicial killings constitute egregious violations of fundamental rights. These heinous acts blatantly contravene the protections enshrined in Articles 4, 9, 10, 10-A, and 14 of the Constitution, provisions that collectively uphold the sanctity of life, the right to a fair trial, and human dignity. Such acts not only breach these fundamental guarantees but also erode the very foundation of the rule of law, casting a dark shadow over the legitimacy and moral authority of the State.
To preserve the sanctity of the Constitution and the rule of law, it is imperative to unequivocally denounce and eradicate such unlawful practices.
From an international perspective, extra-judicial killings are among the gravest violations of human rights law, representing the unlawful deprivation of life without due process, often by state agents themselves. The Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) explicitly prohibit arbitrary deprivation of life (under Article 3 of the UDHR and Article 6 of the ICCPR, respectively).
The justification often advanced for encounter killings, that they are necessary against hardened criminals, is legally baseless and morally indefensible
Moreover, the United Nations has established detailed frameworks to prevent and investigate such killings, including the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (1989) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990). These instruments mandate that any use of lethal force must be strictly necessary, proportionate, and subject to independent, prompt, and impartial investigation.
The criminal justice system rests on the bedrock principle that every accused person, regardless of the alleged crime, is entitled to a fair trial. This process is indispensable to maintaining public trust in justice and upholding human rights. When state authorities act as judge, jury, and executioner, they not only subvert due process but also erode the credibility of the justice system itself. Such acts are an affront to constitutionalism, good governance, and the moral authority of the State.
The justification often advanced for encounter killings, that they are necessary against hardened criminals, is legally baseless and morally indefensible. Resorting to extra-judicial measures in the name of expediency fundamentally undermines the principles upon which a democratic and just society is founded.
To curb this malignant practice, comprehensive policy reforms and institutional safeguards are urgently required.
First, a robust oversight and accountability mechanism must be established within law enforcement agencies. An independent and empowered investigative body, modelled after the Torture and Custodial Death (Prevention and Punishment) Act, 2022, should scrutinise every incident involving the use of lethal force. Each case must be investigated transparently, and perpetrators of misuse of power should be held criminally accountable.
Second, training and capacity-building programmes should be overhauled to emphasise de-escalation techniques, proportionality, and the sanctity of life. Law enforcement officers must be sensitised to the constitutional and human rights dimensions of their duties.
Third, transparency and public accountability must be strengthened. The public has a right to know the operational policies governing the use of force, as well as the steps taken to investigate abuses. The mandatory use of body cameras and other technological monitoring tools can play a pivotal role in ensuring impartial documentation and accountability in every encounter.
Maintaining this delicate balance between authority and accountability is crucial to preserving the integrity of our criminal justice system. The law, a shield for justice, must never be wielded as a weapon of retribution.