ZUBAIDA BIBI vs DISTRICT POLICE OFFICER, VEHARI Ss — 2026 PLD 514 LAHORE-HIGH-COURT-LAHORE

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ZUBAIDA BIBI VS DISTRICT POLICE OFFICER, VEHARI Ss.2(f) & 2(h)---Criminal Procedure Code (V of 1898), S.491---Police proceedings to capture accused---Accused allegedly killed by firing of his own companions---Investigation by Federal Investigation Agency (FIA)---Petitioner sought the recovery of her son and nephew from the custody of police---Police submitted report claiming that son of petitioner was a criminal previously involved in multiple cases of theft/robbery etc. and he along with his companions opened an attack upon police party, making straight fire shots and was killed by the fire shot of his own companion, for which case FIR was registered; that nephew of petitioner was also a desperate criminal accused of twenty one cases of theft/robbery, who also launched a murderous assault upon police party along with his companions and got injured by the fire shots of his own companions and a case FIR was also registered---In the case in hand, respondents/Police Officials contended that since detenue/deceased son of petitioner was killed by the firing made by his own companions and similarly other detenue (nephew of petitioner) also got injured receiving the fire shots of his own party men, as such Act, 2022, was not applicable, because no police encounter took place as evident from the FIRs registered regarding the death of son of petitioner/detenue and regarding the fire arm injuries to nephew of petitioner/detenue---Validity---Both the deceased and injured received fire arm injuries during the process of interaction with the Police Officials---Explanation-II attached with the definition of "custody" speaks that "a person shall be deemed to be in custody during search, arrest and seizure proceedings"---Episode, wherein son of petitioner met his death comprised of the proceedings for capturing him---Similar was the position of episode/proceedings wherein nephew of petitioner-detenue received fire arm injuries---Claim of the Police Officials that both the said detenues received fire arm injuries at the hands of their own companions, was their defence plea, which could only be adhered to during the trial---When petitioner had levelled specific allegations that detenues were taken away by Police Officials and they were in their confinement, it was sufficient to bring the matter within the definition of "custodial death" and "custodial torture", hence, the Act, 2022 was fully applicable to the present case, as such the FIA was empowered and bound to inquire into and investigate the matter---Section 4 of the Act, 2022 enjoined a duty upon FIA to investigate the complaints received under the Act, 2022---Moreover, it did not mean that the FIA shall investigate the crime only on a complaint made to them---Federal Investigation Agency had suo motu powers to enquire into and investigate a crime amenable to its jurisdiction under the FIA Act and the Rules made thereunder, as such FIA was bound to take up the matter even if no complaint was moved to them---In such situations, it was directed that police files of cases FIR be transmitted to FIA authorities immediately without any delay for investigation---Petition was disposed of.

ZUBAIDA BIBI vs DISTRICT POLICE OFFICER, VEHARI Ss — 2026 PLD 514 LAHORE-HIGH-COURT-LAHORE

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