ISLAMABAD: The Federal Investigation Agency (FIA) has taken over a custodial death case against four officials of the capital police and launched an investigation.

The case was initially registered at the Tarnol Police Station under sections 302 (murder), 342 (wrongful confinement), and 34 (common intention) of the Pakistan Penal Code (PPC). After taking over the case on court orders, the FIA added sections 8 and 9 of the Torture and Custodial Death (Prevention and Punishment) Act, 2022.

According to the FIR, following the transfer of the case due to lack of jurisdiction, the file was received at the FIA ACC police station. The FIR was reproduced verbatim.

“Prima facie, a case is made out and is being registered against the Station House Officer (SHO)/Sub-Inspector, an Assistant Sub-Inspector, a Head Constable, and a Constable,” it stated. “The roles of other involved persons/officials will be determined during the course of investigation.”

A special investigation team comprising an assistant director, two inspectors and a sub-inspector has been formed to probe the matter.

Earlier, the judicial magistrate (West) directed the capital police to hand over the investigation to the FIA, citing the agency’s jurisdiction in custodial death cases.

The court observed that in this case no inquest report, injury sheet, or even photographs were preserved by the investigating officer “for reasons best known to him.”

The order, issued from the court of Judicial Magistrate Shahzad Khan, stated: “The Investigating Officer (IO) has submitted a request for appropriate orders. On July 14, the accused persons were produced before the court, and it was observed that the present case pertains to the Torture and Custodial Death (Prevention and Punishment) Act, 2022. The postmortem report of the victim was requisitioned. It is clear from the FIR that torture has been alleged.” Before his death, the victim reportedly told police officials that he had been tortured inside the lock-up.

The postmortem report confirmed this, revealing multiple bruises on the buttocks, thighs and neck as well as blunt trauma and edema over both wrists.

“The matter at hand clearly falls within the ambit of the Torture and Custodial Death (Prevention and Punishment) Act, 2022,” the order added.

It added that it was mandatory for the police to promptly refer such matters to the FIA, as they had no jurisdiction to investigate custodial deaths.

“Section 5 of the Torture and Custodial Death (Prevention and Punishment) Act, 2022 clearly indicates that only the FIA is the competent authority to investigate such matters,” the order stated.

In response to the court directive, the deputy inspector general of police (operations) wrote to the director FIA Islamabad zone requesting that the agency take over the investigation and produce the accused in court at the next hearing.

The letter noted that the case file and custody of the accused officials were being handed over to the FIA. It also stated that, according to an order from Sessions Judge (West) Nasir Javed Rana, one of the accused, former SHO of Tarnol, was on pre-arrest bail until July 19.

It may be recalled that Noman Khan was picked up by officials from Tarnol police station in Mianwali on July 10 in connection with the killing of a woman during a robbery in Islamabad. He was detained in the lock-up without following proper legal procedures.

Later that evening, around 9:50pm, an assistant sub-inspector, a constable and another unidentified person moved the suspect to the interrogation room where they allegedly subjected him to severe torture. He was then returned to the lock-up without any formal arrest documentation.

As Khan’s condition deteriorated, other detainees in the lock-up reportedly began shouting for help. The station clerk (Moharrar) and a constable rushed to the lock-up and found visible and severe torture marks on Khan’s body. The station clerk reported the incident to a senior officer and the suspect was eventually transported to the hospital after 2am, on July 11.

While being taken to the hospital, Khan told officials that the ASI, constable and another individual had severely tortured him. He then lost consciousness and was pronounced dead upon arrival in the hospital.

Published in Dawn, July 18th, 2025