02/09/2026
Law of the Day?
-Judicial Killings by KP Police:
A Threat to Rule of Law, Constitutionalism and Civilised Society.
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The power of the State to maintain public order and protect the lives and property of its citizens is indispensable to a functioning society. Police officers are entrusted with extraordinary powers because society expects them to confront crime, violence and terrorism. However, that power has a constitutional boundary: the State may enforce the law, but it cannot become a substitute for the law. When a police officer deliberately kills a person who could have been arrested, investigated, prosecuted and tried, the matter is no longer merely one of police misconduct. It raises fundamental questions concerning constitutionalism, the rule of law, institutional accountability and the very legitimacy of State authority.
The Constitution of Pakistan establishes the protection of life and liberty as a fundamental constitutional guarantee. Article 9 provides that no person shall be deprived of life or liberty except in accordance with law, while Article 4 guarantees the right of every person to enjoy the protection of law and to be treated in accordance with law. The Constitution further provides safeguards concerning arrest and detention and recognises the right to a fair trial. These provisions are not merely procedural formalities. They embody a fundamental constitutional principle that the determination of guilt belongs to a competent court and not to a police officer. A person suspected of murder, terrorism, robbery or any other serious offence does not lose his constitutional status merely because he has been accused of committing a crime.
The criminal justice system is specifically designed to deal with accused persons. The police investigate, the prosecution presents the case, the accused is afforded an opportunity to defend himself, and the court determines guilt or innocence according to law. This separation of functions is fundamental to the rule of law. An alleged extra-judicial killing bypasses this entire constitutional structure. It transforms an accusation into a death sentence without trial and places an enormous and potentially irreversible power in the hands of an executive officer.
The expression "police encounter" may legitimately describe a situation in which police officers are confronted with an immediate and unlawful threat to life and are compelled to use necessary force. Such circumstances must, however, be distinguished from a staged encounter, custodial killing, deliberate ex*****on or excessive and unlawful use of force. The fact that a person is suspected of being a criminal does not, by itself, establish that his killing was lawful. Every suspicious death occurring during a police operation therefore requires an objective assessment of the surrounding circumstances, particularly where there are allegations that the official version of events may not correspond with the available evidence.
The greatest danger posed by extra-judicial killing is the substitution of the police for the courts. If a police officer can determine that a suspect is guilty and then eliminate him without trial, the police effectively become investigator, prosecutor, judge and ex*****oner. Such a system is fundamentally incompatible with constitutional government. The very purpose of courts is to determine whether an accusation is supported by evidence and whether the accused is legally responsible for an offence. If that function is taken over by law-enforcement officials, the constitutional separation between investigation and adjudication becomes meaningless.
The presumption of innocence is another fundamental reason why extra-judicial killing is so dangerous. A criminal accusation is not a conviction. A suspect may have an alibi; witnesses may be unreliable; forensic evidence may contradict the allegation; CCTV footage may reveal a different version of events; or an investigation may ultimately establish that the accused was innocent. The judicial process exists because both individuals and institutions are capable of error. Once an accused person is killed, however, the possibility of correcting that error disappears permanently. There can be no meaningful trial, no cross-examination, no defence evidence and no judicial determination of guilt or innocence.
The consequences extend far beyond the death of the individual. Extra-judicial killings undermine public confidence in the criminal justice system and weaken the authority of the State itself. When citizens begin to believe that police officers can kill suspects without effective accountability, respect for law gradually deteriorates. Families lose confidence in investigation and courts, witnesses may become reluctant to cooperate with law enforcement, and communities may increasingly perceive the State as an instrument of coercion rather than an institution established for the protection of citizens.
This creates an especially serious danger in a society where tribal, communal and private forms of dispute resolution can already exert considerable influence. If citizens perceive that the State itself can bypass the law, it becomes increasingly difficult to persuade them that they must resolve their disputes through lawful institutions. The result may be a dangerous cycle in which police violence encourages public distrust, public distrust encourages private retaliation, and private retaliation further weakens respect for the rule of law.
Extra-judicial killing also damages the police institution itself. A professional police organisation derives its authority from legality, competence, discipline and public confidence. When unlawful killings become associated with police operations, the distinction between legitimate law enforcement and arbitrary violence becomes blurred. The objective of policing should be to investigate offences, collect admissible evidence, identify offenders, arrest them lawfully and present the case before a competent court. The success of a police officer should therefore be measured by the quality of investigation and lawful prosecution, not merely by the number of suspects killed during operations.
An institutional culture that rewards encounters without adequate scrutiny can create dangerous incentives. If the death of an accused person is automatically treated as evidence of police efficiency, officers may eventually perceive elimination as an easier and more rewarding alternative to investigation and prosecution. Such a culture is particularly destructive because it undermines the professional development of the police force and discourages the painstaking collection of evidence required for successful criminal prosecution. A modern police organisation should instead reward lawful arrests, effective investigation, recovery of evidence, protection of witnesses, prevention of crime and successful prosecution based upon credible evidence.
The issue is also directly connected with constitutionalism. Constitutionalism means that governmental power is limited by law and that State institutions cannot exercise arbitrary authority merely because they possess coercive power. The police are part of the executive branch of government. Their authority is therefore derived from law and remains subject to law. The State has both the responsibility and the legitimate authority to combat terrorism, organised crime and violent offenders, but the more serious the threat, the greater the need for lawful and accountable policing.
A civilised society is not a society without criminals. It is a society in which even those accused of serious crimes are dealt with according to law. Civilisation means replacing private revenge with public justice. A victim's family cannot execute a person merely because it believes him to be guilty. A mob cannot determine guilt and impose punishment. A tribal gathering cannot substitute itself for a criminal court. For the same reason, the State cannot permit police officers to exercise an equivalent power outside the legal framework. Otherwise, the State merely replaces private violence with official violence.
Every alleged extra-judicial killing may therefore create multiple victims. There is the person who loses his life, but there is also his family, which may be left without an opportunity to establish the truth through a lawful judicial process. There are witnesses who may fear retaliation. There are police officers who may themselves become exposed to criminal or departmental proceedings if unlawful conduct is established. There is the judiciary, whose constitutional role may be undermined. Most importantly, there is society as a whole, because every unlawful killing weakens confidence in the principle that disputes and accusations must ultimately be resolved through law.
The proper response is not to weaken the police or prevent them from confronting dangerous criminals. The solution is to make policing more professional, evidence-based and accountable. Where a person dies in police custody or during an alleged encounter, the circumstances should, where warranted by the facts, be subjected to an independent and credible investigation. Relevant forensic material, post-mortem findings, ballistic evidence, CCTV footage, communications records and eyewitness accounts should be properly preserved and examined. Where unlawful killing is established, responsibility should be determined in accordance with law and should extend to every person whose criminal or departmental responsibility is established by evidence. At the same time, genuine cases of lawful use of force must be clearly distinguished from unlawful killings. Accountability must therefore be based upon evidence rather than assumption or political expediency.
The judiciary has a particularly important role in maintaining this constitutional balance. Courts should neither shield criminals from lawful prosecution nor shield police officers from legitimate accountability. Their responsibility is higher: to protect the law itself. Where credible material raises questions about the circumstances of a police encounter or custodial death, judicial scrutiny is essential to ensure that the State's version of events is assessed against the available evidence rather than accepted merely because it originates from a law-enforcement agency.
Ultimately, the question of extra-judicial killing is not about whether society should sympathise with criminals. A dangerous criminal must be arrested, a terrorist must be prosecuted and a murderer must be punished. The fundamental question is whether punishment will be imposed through law or through the unchecked exercise of State power. If the police begin deciding who deserves to live and who deserves to die, the boundary between law enforcement and lawlessness disappears.
The real strength of the State is not demonstrated by how easily it can eliminate a suspect. It is demonstrated by its ability to arrest the suspect, investigate the allegation, collect credible evidence, provide a fair trial and secure a lawful conviction. That is the essence of the rule of law. That is constitutionalism. And that is what distinguishes a civilised society from one governed by fear, force and impunity. The State must be strong enough to fight crime, but constitutional enough to fight it through law.